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makarena
The employer / the boss does NOT want to give paid holiday?
My employer / boss does NOT want to give paid holiday
I just sign contract and the contract says that I will receive NO paid holiday
Is it legal, fair ??
I am based in London, UK



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Autowerks
Rating
If you signed a contract and it states that you do not get paid holiday, the contract is legal and binding. Sorry, mate!

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Jenine
Yes, you just signed a contract agreeing to the terms of it...of course it's fair! Employers are not required to pay you holiday pay even if you hadn't signed the contract

Did realize you were in the UK...! I'm coming back to this question...is it really illegal in the UK to not get paid of a holiday??? Just another reason for me to move there..lol.

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Tapestry6
That isn't unusual if your a contractor, my son isn't going to get paid for the Memorial Day Monday, he hasn't been there 90 days yet so he just lost that day of wages. When you get a permanent job that is when they are paying you for not working on the holidays.(he only gets 5 days vacation too)

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angie35016
I believe it is totally up to the employer as to what holidays that they want to pay for and which ones not to. If you signed a contract agreeing to this, he has the right to do so.

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prince_henry
Rating
it depends on how long your contract is fore, if its only 3 weeks then no its legal.
if its a permanent job then he must give you paid holidays not forgetting paid bank holidays

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jeanimus
4 weeks (or the equivalent) is statutory paid holidays that your employer cannot stop you taking. It will be an illegal contract if you sign it, since it denies you a statutory right. Simply - he has to pay you holiday pay, even if you can only take holidays once they have been accrued.

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navi
Rating
I believe it is legal as you have signed and agreed to it. Fair definitely not. My advice is go to Citizens advice centre and see them, there is no charge for their services but a collection box is there. I believe you are entitled to holiday but not with pay if you have signed up for that. Go and get guidance and look for another job.

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David P
I understand there is a right to paid holiday.

From the UK gov website:

From 1 October 2007 all workers have a statutory right to at least 4.8 weeks paid annual leave (that's 24 days paid holiday if you work five days a week).
The basics of holiday rights
There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are:

you are entitled to a minimum of 4.8 weeks (from 1 October 2007)
the entitlement will increase again to 5.6 weeks from 1 April 2009
those working part-time are entitled to the same level of holiday pro rata (so 4.8 then 5.6 times your usual working 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’ve not taken
bank and public holidays in Britain and Northern Ireland can be included in your minimum entitlement
More about how much holiday you get
Information on taking holidays
In order to qualify for the right to annual leave you need to be classed as a worker. If you’re self-employed, you have no statutory right to paid annual leave.

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029788

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mcdannells
Why did you sign the contract then......

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karen w
Rating
holidays like memorial day come out of my paid time off, which you earn based on the number of hours you work, same as sick days.

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lorijotx
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You don't say if it is a large business or a small "mom & pop" size company. Not everyone gets legal holidays off with pay. The pay part is at the descression of the company. Tiny companies could be financially hurt if they gave paid days with nothing to come in and cover the payment.

Accept the job as it is or look for another one. It isn't like they didn't tell you until the holiday.

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michael k
Rating
No employer WANTS to give paid holidays,but they are legally obliged to do so.(UK law)

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bluebell
i would contact citizens advice center and see what they can do for you, but this seems illegal.

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Ape -X-
lol no its not legal.

Paid holidays are a legal entitlement. Your employer is off his rocker join a union or get a new job.

By the way for the thumbs down person..

A contractual agreement can not take precededent over UK law.. Otherwise you could kill someone and say its ok because you had a contract..

That term in the agreement is useless.. It is not your problem to point that out to the employer... but now as an employee the employer must provide the statuatory benefits of employment to you.

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nannywho
It is certainly not fair, and not legal either. I don't think you can sign away a statutory right. Contact a union rep if you are in one, or ask for advice at CAB or one of those solicitors who lets you have a first appointment at low cost.

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certaxrugby
Rating
No it is not legal.

Most workers - whether part-time or full-time - are legally entitled to 4.8 weeks' paid annual leave. Additional annual leave may be agreed as part of a worker's contract. A week's leave should allow workers to be away from work for a week – ie it should be the same amount of time as the working week. If a worker does a five-day week, he or she is entitled to 24 days leave. If he or she does a three-day week, the entitlement is 14.4 days leave. Employers can set the times that workers take their leave, for example for a Christmas shutdown. If a worker's employment ends, he or she has a right to be paid for the leave time due and not taken.

The Government plans to increase the annual leave entitlement from 4.8 weeks to 5.6 weeks from 1 April 2009. If you work a five-day week, your holiday entitlement will increase from 24 days to 28 days (pro rata for part-time staff). The Work and Families Act will not create a legal right to have a paid day off on Bank Holidays and this remains a contractual matter.


If you are a worker and you feel you are not receiving your entitlements, we suggest you take the following steps:

Talk to your manager, you may be able to settle the matter straight away.
Contact a trade union representative (if you have one). They will be able to advise you what to do.
If a formal grievance procedure does not resolve the matter, you can make a claim to an employment tribunal.
If you want to make a claim under the regulations, the Advisory, Conciliation and Arbitration Service (Acas) will offer the services of a conciliator to help the employer and worker to reach a settlement without the need for a tribunal hearing. Part of the conciliator’s role is to explain how tribunals work and how a tribunal arrives at decisions. This service is free of charge. If you want to take a complaint to a tribunal, you should do so within three months. The tribunals offer an informal way of ensuring that workers are given their rights. These tribunals generally have three members: a legally qualified chairperson and two other lay members who have experience of dealing with work-related problems. Where the Tribunal finds the complaint well-founded, it shall make a declaration to that effect and may make the employer pay compensation to the worker.

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Ian M
Rating
Statutory rights in the UK dictate that everyone is entitled to 4.8 weeks paid holiday. Pro-rata for part-time workers.There are a few exceptions to this but most of us fit into this bracket.

A contract cannot give you less than this, only more. If your contract says you are due less or no paid holidays, then this is unfair and can be taken to an employment tribunal.

Many contracts have clauses which are unfair and in consumer issues there is actually a load of regulations governing unfair terms. A contract is not always enforceable despite what it may say.

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