Christmas Archives - The HR Company

Christmas – Public Holiday Advice for Employers

With the Christmas Period upon us we thought you might find some information on Public Holidays and the relevant employer obligations/ responsibilities around pay useful.

There are nine Public Holidays in Ireland each year - they are:

•New Year's Day (1 January)

•St. Patrick's Day (17 March)

•Easter Monday (Changes every year)

•The first Monday in May, June & August

•The last Monday in October

•Christmas Day (25 December)

•St. Stephen's Day (26 December)

Here is a breakdown of the statutory outline of Public Holiday Entitlements under Irish Employment Legislation: Did you know that employees scheduled to work on a Public Holiday are entitled to an additional day's pay for the day?

For instance, let's take “Employee A” as an example – “Employee A” works on the day the Public Holiday falls - let's say “Employee A” is a retail store employee and is required to work on St. Stephen's day as it is the first day of the store's seasonal sale. *On a normal working day “Employee A” earns €100. This means that “Employee A” is entitled to receive the usual €100 for the hours worked on the Public Holiday as well as an additional €100 - So “Employee A” receives €200 for working on the Public Holiday. If there is any ambiguity in ascertaining what an additional day's pay should equal the employer should look at the last day worked prior to the Public Holiday. “Employee B” represents an employee who is normally scheduled to work on a day that a Public Holiday falls but is not required to work on that day (for example - an administrative assistant in a bank who typically works 09:00-17:00 Monday – Friday, who is not required to work on Easter Monday). “Employee B” should receive their normal day's pay for that day as well as not being required to work on the Public Holiday. On a normal working day “Employee B” receives €100. When a Public Holiday falls “Employee B” will not be required to work on this day as the business is closed. “Employee B” will still receive their normal day’s pay. Bank Holidays at Christmas

The one that can cause the most confusion is the case of “Employee C” – Employees who are not normally scheduled to work on the Public Holiday will receive one-fifth of their normal weekly pay for the day. “Employee C”, for instance, works Wednesday – Friday and receives €100 per day in remuneration. If a Public Holiday falls on a Tuesday, even though “Employee C” never works that day he or she still has the right to benefit from the Public Holiday in some way. “Employee C” is still entitled to be paid a certain amount as a benefit for the Public Holiday (one-fifth of their normal weekly pay). If this employee earns €300 per three day week (Wednesday-Friday) they are entitled to earn an additional €60 during a week where a Public Holiday falls on a Monday or Tuesday. The above rules will apply for all Public Holidays.

Christmas Parties – Advice for Employers

With the Christmas season upon us again many employers will arrange a work-related social event (Christmas party) in order to thank employees for their efforts and hard work over the past year.

Despite Christmas parties occurring mostly outside of the work place, responsibility still lies with the employer for the protection and safety of their employees.   Each year cases concerning bullying and harassment are brought before the Rights Commissioner and the Equality Tribunal. These incidents can be perpetrated at work-related social events like the Christmas party and the employer is often held liable for such action.

For the protection of the organisation and to avoid any such issues, below is a list of preventative steps which can be taken:

Re-circulate the company’s Dignity at Work policy, which should include reference to bullying, harassment and sexual harassment in the workplace. This policy should clearly state that work-related social events fall under the terms of this policy.
Ensure that it is clearly outlined to employees that they may be subject to disciplinary action leading up to and including dismissal should they be found in breach of the company’s Dignity at Work policy at a work-related social event.
Ensure that employees are aware of the company’s Disciplinary and Grievance procedures.
Re-circulate the company’s Social Media policy to ensure employees are aware of the rules surrounding publishing photographs online in order to prevent any privacy infringements arising or damage being caused to the company’s reputation.
If the event is scheduled on an evening where employees are required to work the following day, ensure employees are aware of the company’s Absence policy.
Brief members of Management on the above policies and ensure that they know how to deal with behaviour that could be deemed inappropriate at the event should it arise.
Advise Management not to discuss issues relating to salaries, performance or career prospects at the event.