annual leave holiday pay 和public holiday pay

qlc178901

请问全职，wages，holiday pay 按每周工资总额的百分之8付，但老板说public holiday就没有了pay，正常放假就没有pay，比如圣诞节，元旦等等，第一次老板说没满1年没有public holiday pay，后来又说已经包含在百分之8的holiday pay里面了，请问是合法的吗？

tinloy

放屁，第一天开始上班如果第二天是公众假期都有工资

天龙小花

如果法定公休那天你休息了没哟上班，那你那天就没有工资，如果你上班了，正常就给1.5倍工资。annual leave是你工作满一年了可以有20天带薪休假，如果你没有满一年这个带薪就没有。如果你离职了，8%的holiday pay一定要给你，是你所有工资的8%。大的公司会在每周结算工资的时候就把8%给你，小的公司可能会在你离职不干了之后统一算给你。

fingertr

ddddddddddddd同问 貌似public holiday不上班也该有工资的 不过一年只有11天的public holiday可以有钱拿
到底是怎么样的 有大神可以给个确定的答案吗

qlc178901

Not working on public holidays
Employees (except casual employees) who normally work on the day a public holiday falls will be paid their base pay rate for the ordinary hours they would have worked if they had not been away because of the public holiday.

The base pay rate doesn’t include:

any incentive-based payments
bonuses
loadings
monetary allowances
overtime or
penalty rates.
An employee's roster can't be changed to avoid this payment.

Example: Ordinary hours and overtime hours falling on a public holiday

Claire is a full-time employee who usually works overtime on top of her ordinary hours on a Wednesday. She gets an overtime payment for these overtime hours under her award.

Wednesday 1 January is New Year’s Day, which is a public holiday, so Claire has the day off. Even though Claire doesn’t go to work, she still gets her base pay rate for the ordinary hours she would have normally worked. She is not entitled to payment for the overtime hours.

An employee doesn’t get paid for a public holiday if they don’t normally work on the day that the public holiday falls.

Example: No ordinary hours on a public holiday

John is a part-time employee. He works Monday to Wednesday each week. This year, Boxing Day falls on a Friday.

As John’s rostered hours don’t include Fridays, he doesn’t get paid for the Boxing Day public holiday.

All employees have a right to be absent from work on a day or part day that is a public holiday.

An award, enterprise agreement or other registered agreement can set out other rules about not working on a public holiday.

Find out the rules about not working on a public holiday in your award by selecting from the list below.

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Public holidays during leave

If a public holiday falls when an employee is on leave, their entitlement to the public holiday depends on whether they are taking paid leave or unpaid leave.

Public holidays while on paid leave
If a public holiday falls during a period of paid leave (eg. annual leave or sick leave), the employee has to be paid for the public holiday. This includes any hours that fall on a part-day public holiday.

The public holiday will not be counted as annual leave or sick leave. This means that the public holiday hours will not be taken away from the employee’s amount of built-up paid leave.

Example: Public holidays during a period of annual leave

Marissa is a full-time employee who organises to take paid annual leave for a period of 10 days. This period includes Anzac Day, which is a public holiday and falls on a Monday.

As Monday is a day Marissa is regularly rostered to work, she has to be paid for the Anzac Day public holiday. The public holiday won’t be taken from her annual leave amount. This means that only 9 days are deducted from Marissa’s annual leave balance.

If an employee takes sick leave either side of a public holiday, they should still be paid for the public holiday if it is on a day that they would normally work. Normal sick leave rules apply for the time taken as sick leave and an employer can ask the employee for evidence that shows the reason they took the leave.

If an employee is taking long service leave on a public holiday, whether an employee gets paid for the public holiday is set out in the state or territory long service leave legislation.