[suzer]

My temp agency is refusing to pay my bank holidays for 1st and 2nd January. Anyone know what government agency I call to report them...is it Worksite?

I was also never given a copy of my contract.

[jubjub]

http://www.ers.dol.govt.nz/pay/

Have a look round this site, should be helpful for you.

[suzer]

Thanks, did have a look there and used their little tool, which says I should be paid. They claim they don't have to pay me since I will be off work on holiday without pay on Monday, the 31st.

[eternalkiwi]

If you would otherwise be available for work on those days and have been working those days for the previous 4 weeks, you would normally be entitled to be paid on that day.
The Employment Relations Authority is the agency responsible for employment issues are they are part of the Dept of Labour.
http://www.ers.dol.govt.nz/

Employers are required to have a signed contract with their employees. Generally the courts will always lean towards the employee view if a non written contract is in dispute.

Shawn

[suzer]

If you would otherwise be available for work on those days and have been working those days for the previous 4 weeks, you would normally be entitled to be paid on that day.
The Employment Relations Authority is the agency responsible for employment issues are they are part of the Dept of Labour.
http://www.ers.dol.govt.nz/

Employers are required to have a signed contract with their employees. Generally the courts will always lean towards the employee view if a non written contract is in dispute.

Shawn

So, it doesn't matter if I am on unpaid leave?

[nickydwuk]

But are these rules the same for temp staff? My son (here in the UK) is working on a temp contract for an agency and he doesn't get paid holidays or bank holidays as the agency only get paid for the hours he works. He does accrue holiday pay through the agency - I think it is 1 day per month - or an hour for every 12 hours he works.

[eternalkiwi]

While Holiday pay is usually included in the hourly rate temps are paid, Public holidays are usually separate/extra. So if the Public Holiday falls on a day you would normally have been required/expected to work (and you were available for work) then you usually are entitled to be paid for that day.

This can depend on the contract you have with the agency, as I have had contracts that are an hourly rate + holiday pay + statutory (bank) holidays and I have had contracts where the hourly rate included some or all of these.

Agencies normally charge an hourly rate to the client for each hour their temp works, though the agency pays leave etc from the profit they charge on top of the hourly rate they are employing the temp on.

Taking leave the day before a public holiday would not effect your entitlement if you would normally have worked the day after your leave day and preferably can show that you have worked those days (Tuesday and Wednesday) for the last 4 weeks or so.

If you talk to the people at the Employment Relations Service they should be able to help, also if there is a union where you work they may also help you (even if you are not an existing member)

Shawn

[suzer]

My holiday is separate and accrued according to hours worked. I looked in my contract and no where is holiday time in relation to bank holidays discussed. I'm going to fill out a moderation form to submit. I have worked the Tuesday and Wedneday for the past 4 weeks except for xmas and boxing day of course, for which they are paying me for the bank holidays as I have accrued anough holiday pay to be paid for the 24th and 27th even though I am off work. They (my temp agency) claims that as I am on unpaid leave Dec 29 and 31, they are not required by law to pay me for Jan 1 & 2, even though I return to work Jan 3rd.

While Holiday pay is usually included in the hourly rate temps are paid, Public holidays are usually separate/extra. So if the Public Holiday falls on a day you would normally have been required/expected to work (and you were available for work) then you usually are entitled to be paid for that day.

This can depend on the contract you have with the agency, as I have had contracts that are an hourly rate + holiday pay + statutory (bank) holidays and I have had contracts where the hourly rate included some or all of these.

Agencies normally charge an hourly rate to the client for each hour their temp works, though the agency pays leave etc from the profit they charge on top of the hourly rate they are employing the temp on.

Taking leave the day before a public holiday would not effect your entitlement if you would normally have worked the day after your leave day and preferably can show that you have worked those days (Tuesday and Wednesday) for the last 4 weeks or so.

If you talk to the people at the Employment Relations Service they should be able to help, also if there is a union where you work they may also help you (even if you are not an existing member)

Shawn

[eternalkiwi]

As entitlement for paid Public (bank) Holidays is based on whether you would have worked that day if it was not a Public Holiday, I doubt they would have any reason to withhold money simply because you were on leave (provided you were working on the same assignment and have had regular M-F hours).

Shawn

[suzer]

Yeah, that's what Dept of Labour told me, although my employer claims Dept of Labour told them something different, so I filed a complaint with the Labour Inspectorate.

I do have a written contract which simply directs me to the 2003 Holiday Act for holiday pay info, and after combing through the holiday act, I see nothing saying they don't have to pay me if I was on unpaid leave the day prior to the bank holiday. I was on a continuing assignment.

[suzer]

Just an fyi that I just heard back from the Labour Inspectorate, who sided with my employer, saying that if I was on leave without pay (working temp or perm regardless) I am not entitled to holiday pay as there would be no expectation that I would be working that day (regardless of if I was available to work that day/would normally work that day). What a way for them to scam you!

Suz

[Milliemoo]

Sorry to hear that. :no

Unpaid leave can have a huge effect on your working contract whether it be in the NZ or UK (so I'd assume lots of other countries as well). Seems really tight for a couple of days though, I know.

When I worked for a very large life assurance company, there were a few people who got stung when they were made redundant. One girl had worked for the company for something like 20 years (since she left school) and took a 6 month career break (unpaid leave). She'd been back at work about a year when the company demutualised and made her position redundant. When it came to claiming redundancy pay, they calculated from the start of her 'new' contract, ie: after she'd returned from her unpaid leave. She missed out on thousands of £.

Milliemoo

[suzer]

Sorry to hear that. :no

Unpaid leave can have a huge effect on your working contract whether it be in the NZ or UK (so I'd assume lots of other countries as well). Seems really tight for a couple of days though, I know.

When I worked for a very large life assurance company, there were a few people who got stung when they were made redundant. One girl had worked for the company for something like 20 years (since she left school) and took a 6 month career break (unpaid leave). She'd been back at work about a year when the company demutualised and made her position redundant. When it came to claiming redundancy pay, they calculated from the start of her 'new' contract, ie: after she'd returned from her unpaid leave. She missed out on thousands of £.

Milliemoo

Wow that's horrible.

I don't mind missing out on the money. It was more the principle of the matter---that it seemed like a shady loophole and also that my employer (the temp agency that is) 1) didn't seem to know for sure what they were talking about and 2) were so unprofessional and rude in the way they dealt with the issue and me. Ah well, at the end of the day, it's not the end of the world and I'm glad I followed through on it.