jobs

What are my work rights for wages, holiday pay and rest breaks?

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ONE in 20 casual or temporary workers doesn’t get paid holidays, while one in ten fails to get a payslip, a recent report revealed.

Think tank the Resolution Foundation also discovered workers aged 25 and under are twice as likely to be underpaid the minimum wage.

 If you’re employed or an apprentice you are entitled to the national minimum wage

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If you’re employed or an apprentice you are entitled to the national minimum wageCredit: Getty – Contributor

While workers over the age of 65 are most likely to not have paid holidays.

So what are you entitled to? We round-up your rights below.

Check what type of contract you have

First you need to check what kind of contract you have with your employer.

You are classed as a worker, for example, if you do casual or irregular work and don’t have a formal employment contract.

This could be working on a building site, or in a café, for a set period of time, and you only work when you want to.

Those with an employment contract who only work for one business will be considered an employee.

If you’re an employee, as well as standard employment conditions, you’re also entitled to things such as statutory sick pay, maternity or paternity leave and pay, and a notice period.

In addition, you can request flexible working, time off for emergencies and would receive statutory redundancy pay if you were made redundant.

Everyone is entitled to minimum wage

If you’re employee, or a worker, or an apprentice you are legally entitled to the national minimum wage.

How much you get goes up each new tax year, but here’s how much you’re currently entitled to:

  • Apprentice – £3.90 an hour
  • Under 18 – £4.35 an hour
  • 18 to 20 – £6.15 an hour
  • 21 to 24 – £7.70 an hour
  • 25 and over – £8.21 an hour
 You should get regular breaks and have 11 hours between your shifts

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You should get regular breaks and have 11 hours between your shiftsCredit: Getty – Contributor

Full-time staff get 28 days holiday 

Nearly half of those on zero-hour contracts and temporary staff did not receive paid holiday in 2016 to 2018, according to the Resolution Foundation.

But full-time workers and employees are legally entitled to a minimum of 28 days of paid holiday a year, which is equivalent to 5.6 weeks, although this can include bank holidays.

If you work part time you’ll still get paid holiday too, but it will be the number of days worked a week multiplied by 5.6.

Those who work irregular hours, such as shift work or term-time work, will see their paid holiday determined by the number of hours they work.

What’s the difference between an employee and a worker?

EMPLOYEES and workers have slightly different rights. Here’s how the government decides which you are.

A worker occasionally does work for a specific business, and the business doesn’t have to offer them work and they don’t have to accept it – they only work when they want to.

  • Their contract with the business uses terms such as casual, freelance, zero hours, as required or something similar.
  • The business deducts tax and National Insurance contributions from their wages.

An employee is someone who works under an employment contract.

  • They’re required to work regularly unless they’re on leave, for example holiday, sick leave or maternity leave.
  • They’re required to do a minimum number of hours and expect to be paid for time worked.
  • Their contract sets out redundancy procedures.
  • They only work for the business or if they do have another job, it’s completely different from their work for the business.
  • Their contract uses terms such as employer and employee.

You should get a payslip

Workers in small firms or on zero-hour contracts are the most likely to miss out on a payslip despite the fact employers should hand them out.

In fact, the Resolution Foundation found that around one in ten workers didn’t get one, which means it’s more difficult for you to keep track of incoming pay and outgoings.

Your payslip must show your earnings before and after any deductions, the amount of any deductions that may change each time you’re paid, for example tax and National Insurance, and the number of hours you worked, if your pay varies depending on time worked.

 Workers in small firms or on zero-hour contracts are the most likely to miss out on a payslip, the Resolution Foundation found

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Workers in small firms or on zero-hour contracts are the most likely to miss out on a payslip, the Resolution Foundation foundCredit: Getty – Contributor

You should be given equipment to do your job

Not got all the necessary equipment you need to do your job? Then your employer must provide the materials or tools you require to complete your tasks.

This applies to both employees and workers.

You’re entitled to breaks if you work at least six hours

Both workers and employees are entitled to a 20-minute break once they have worked six hours.

And both have the right to rest 11 hours between working days.

Both also have the right to not work more than 48 hours on average per week or to opt out of this right if they choose.

Got a degree? Here are the jobs that pay graduates up to £50,000.

Or these are the best paid jobs that don’t require a degree – and you could earn up to £71,700.

If you need some extra cash, there are lots of employers looking for temporary staff over the Christmas period.

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