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Sunday, 9 October 2011

Holiday Entitlement at work

Q: What are my holiday entitlements at work?

Me in Paris 2010, thanks to my GUARANTEED UK holiday entitlements.


A: This is an area of employment law that MUST be addressed by the government of Trinidad and Tobago. Currently, there is no legislation or policies regarding holidays, UNLESS you're a State employee. How can we as a country, leave holiday entitlements up to the private companies to overwork employees? The government MUST ensure that employers fulfill their duty of care towards employees.

Yes, we have numerous public holidays, but if an employee wants to take a vacation and is denied the time, that employee has no rights or recourse. How could that be fair? Why hasn't this yet been addressed? My suggestion is that we follow the format used in the UK where there is a minimum right to paid holiday, but the employer may offer more than this. The main aspects of holiday rights in the UK include:

•you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)

•part-time workers are entitled to the same level of holiday pro-rata (so 5.6 times your usual working week, e.g. 22.4 days for someone working four days a week)

•you start building up holiday as soon as you start work

•your employer can control when you take your holiday

•you get paid your normal pay for your holiday

•when you finish a job, you get paid for any holiday you have not taken

•bank and public holidays can be included in your minimum entitlement

•you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave

12 comments:

  1. This is an informative post. Thank you for sharing this.

    ReplyDelete
  2. Enjoy great holidays in Tobago with your family and friends and get involved in the great and adventurous activities which are popular on the island.
    Tobago Holiday deals
    holidays to Tobago

    ReplyDelete
  3. My company decided to shift from a 7 days on 7 days off offshore rota to a 14 day rota and took away our 21 days vacation and gave us 14 days. Is this legal? Can they do that?

    ReplyDelete
    Replies
    1. I don't see anything illegal about it.

      Delete
  4. I am on temporary continuous employment for nine (9) months am I eligible for any sick leave???

    ReplyDelete
    Replies
    1. Sick leave kicks in after 6 months...Minimum Wage Act.

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  5. Is Saturday and Sunday included in your holiday days

    ReplyDelete
    Replies
    1. If you don't normally work weekends, weekend days would not be considered vacation days.

      Delete
  6. Can an employer include sick leave as part of you annual holidays thus reducing your holidays to tww weeks only?

    ReplyDelete
    Replies
    1. Sick leave and annual holiday are two distinct entitlements. Neither can be deducted from the other.

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  7. Great information.
    How do we go about making holidays legally challengable in order to safeguard the employee?

    ReplyDelete
    Replies
    1. I have drafted an Employment Fairness Bill... support my cause and all employees in T&T will have all their rights protected.

      Delete

Thank you for commenting.

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