HOLIDAY PAY只有在离职的时候才能以现金形式得到吗（已经回答）

888002367

我问了雇主，是否能付我HOLIPAY，我不需要休假，他说不行，只能享受带薪假期。是不是只有我不在那做了，他们才会支付我这8%的钱？

888002367

有人帮忙解答下吗

灰色夜宵

是只有离职才会给的 因为要是允许你不休 雇主不是要付双份钱吗有些雇主是会给的 这取决于雇主  他并不是一定要这样做

AMICUS_LAW

您好，不是这样的。

根据the holidays pay act 2003, 员工可以选择holiday pay 可以和工资平常一起发，也可以选择当taking holiday 的时候再发。

When annual holiday pay may be paid with employee’s pay


(1) Despite section 27, an employer may regularly pay annual holiday pay with the employee’s pay if—

(a) the employee—

(i) is employed in accordance with section 66 of the Employment Relations Act 2000 on a fixed-term agreement to work for less than 12 months; or


(ii) works for the employer on a basis that is so intermittent or irregular that it is impracticable for the employer to provide the employee with 4 weeks’ annual holidays under section 16; and



(b) the employee agrees in his or her employment agreement; and


(c) the annual holiday pay is paid as an identifiable component of the employee’s pay; and


(d) the annual holiday pay is paid at a rate not less than 8% of the employee’s gross earnings.



(2) If an employee to whom subsection (1)(a)(i) applies is employed by the same employer beyond 12 months on a series of fixed-term agreements of less than 12 months each, the employer and employee may agree that the employee is to be paid in accordance with subsection (1) regardless of the number of agreements.


(3) If the fixed-term agreement of an employee to whom subsection (1)(a)(i) applies is followed by permanent employment with the same employer, the employee—

(a) becomes entitled to paid annual holidays at the end of 12 months’ continuous employment (including the period of that fixed-term agreement) under section 16; but


(b) the amount of the holiday pay that the employee is entitled to be paid for the holidays is reduced by the amount that the employee has already received under subsection (1).



(4) If an employer has incorrectly paid annual holiday pay with an employee’s pay in circumstances where subsection (1) does not apply and the employee’s employment has continued for 12 months or more, then, despite those payments, the employee becomes entitled to annual holidays in accordance with section 16 and paid in accordance with this subpart.

灰色夜宵

AMICUS_LAW 发表于 2013-9-9 19:38
您好，不是这样的。

根据the holidays pay act 2003, 员工可以选择holiday pay 可以和工资平常一起发，也 ...

那个。。。 员工虽然可以这样选择  但是根据Holiday pays act 第28条 employer 是有否定权的呀  这里他老板既然是已经说不行了 那答案应该就是 不能再选择和工资一起发了 也只有在他休假或者离职的情况才可以拿了 这个不对么 = =

(4)An employer—

• (a)may decline an employee's request; and

  
  

• (b)is not required to provide the employee with a reason for declining the request.

  
  

Holidays act 2003
28AEmployee may request portion of annual holidays be paid out

• (1)An employee may request that his or her employer pay out a portion of the employee's entitlement to annual holidays.

  
  

  (2)A request under subsection (1)—

  
  

  • (a)must be in writing; and

    
    

  • (b)may be made on 1 or more separate occasions until a maximum of 1 week of the employee's annual holidays is paid out in each entitlement year.

    
    
  
  

  (3)If an employee makes a request under subsection (1), an employer must—

  • (a)consider the request within a reasonable time; and

    
    

  • (b)advise the employee in writing as to whether the employer agrees to the request; and

    
    

  • (c)if the employer agrees to the request, comply with section 28B.

    
    
  
  

  (4)An employer—

  • (a)may decline an employee's request; and

    
    

  • (b)is not required to provide the employee with a reason for declining the request.

    
    
  
  

  (5)In this section, entitlement year—

  • (a)means a period of 12 months continuous employment beginning on the anniversary of the employee's employment; and

    
    

  • (b)includes a period of 12 months continuous employment described in section 16(2).

    
    
  
  

  Section 28A: inserted, on 1 April 2011, by section 10 of the Holidays Amendment Act 2010 (2010 No 126).

  
  

http://www.dol.govt.nz/er/holida ... eave/cashing-up.asp

Any request must be considered within a reasonable time and may be declined – unless the employer has a policy that does not allow cashing up. The employee must be advised of the decision in writing and the employer is not required to provide a reason for their decision.

888002367

是的，我问了很多人， 都说老板可以选择不以现金支付的。那只有我离职才会给现金吧？另外我要是现在不休，HOLIDAYPAY也不会作废的吧？

AMICUS_LAW

灰色夜宵 发表于 2013-9-10 09:54
那个。。。 员工虽然可以这样选择  但是根据Holiday pays act 第28条 employer 是有否定权的呀  这里他老 ...

是的，你说的没错。employer may, not must. 不是离职，是休假的时候支付，例如annual leave 的时候。