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Employment law and holiday entittlement.?


i am classed as apart time worker though iwork more hours than acomprable full time worker ie. those employed on full time contracts yet ireceive annual leave entittlements based on my 29 hour contacted hours this stikes me asmost unfair considering i work directly for alocal council who pride themseves on being a anti-discriminatory employer i believe i should i receive holiday entittlements based at least on a 37 contract as do full time employees who in actual fact work less hours than me on weekly basis i also have letter stating i have 2 jobs with the council one in which i work part time ie, 29 hours and the other classes as casual those hours worked over and above my 29 hours. WHAT IS MY LEGAL POSITION IN THIS MATTER AM I BEIING LESS FAVOURABLY TREATED THAN FULL TIME WORKERS ?

As you have probably figured out, you are classified like this precisely so that you will not receive the same benefits as a full time employee. This is not a mystery to your employer. They have done it on purpose. It is cheaper for them. Due to budget constraints, you may not have a position if they had to hire someone fulltime with all the benefit cost that entails.

Your question is whether this is improper in any way. With regard to vacation time, probably not. To determine this, you would have to determine why other employees are granted vacation pay. Does a law require it? A statute? A policy? A guideline? Are you a state or local governmentment employee? Or do you work for a quasi-governmental agency? All of these things could affect the answer. If you can track down the place it says that full time employees get holiday pay, this is your first step in determining whether you are improperly denied that pay. Though it would be impossible to say without examining the rule, the most likely answer is that this is all permissible.

The benefit area where employers are most likely to mistreat part-time employees is in the area of pension or retirement benefits. You do not say whether you are receiving these benefits, but if you are not and full time employees do, this is worth investigating. See the attached link and see an attorney in your area who is knowledgeable regarding the Employee Retirement Income Security Act (or ERISA)

As to your employer's claim that it does not discriminate, when an employer brags that it does not discriminate, it is generally referring only to illegal discrimination on the basis of race, sex, religion, disability, age, national origin or color. Employers don't think twice of drawing legally acceptable distinctions between its employees. Additionally, I know of few employers who have been convicted of violating anti-discirmination laws, who did not have a formal policy of compliance with anti-discrimination laws.

Your employer is not required to give you any holiday or other benefits. You can speak with your employer and see if he will put you on full time with their benefits, just realize that he's not even required to give full time workers anything besides their pay and overtime if they've worked over 40 hours a week and are not salaried.

I think you need to work in one job, one place as full time employee (37 and1/2, or 40 hours a week) to be eligible as a full time employee. Some companies give the employees vacation benefits only if they are full time worker.
You can not add up the working hours of two different employers (one for 37 hours, and another 29 hours) together, and claim that you are a full time worker. I am not sure if you have any legal ground on this case.

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