Should commission payments be included in the calculation of holiday pay?Posted in : First Tuesday Q&A ROI on 3 July 2018
Yes. The method for calculating holiday pay is set down in the Organisation of Working Time (Determination of Pay for Holidays) Regulations 1997 (S.I. No. 475/1997). The determining factor is whether the employee's rate of pay varies or not in relation to work done. This is because holiday pay is calculated according to an employee's normal weekly rate of pay.
Where an employee's rate of pay varies in relation to work done (e.g. if they are paid by commission), the rate of pay shall be the sum that is equal to the average weekly pay (excluding overtime) calculated over a 13 week period that was last worked before the leave.
Where an employee's rate of pay does not vary in relation to work
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