Location: Rep.of Ireland
Northern Ireland
Location: Rep.of Ireland
Northern Ireland
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Should commission payments be included in the calculation of holiday pay?

Posted in : First Tuesday Q&A ROI on 3 July 2018
Clodagh Hogan
A&L Goodbody
Issues covered:

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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Back to Q&A's This article is correct at 03/07/2018
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Clodagh Hogan
A&L Goodbody

The main content of this article was provided by Clodagh Hogan. Contact telephone number is +353 1 649 2000 or email chogan@algoodbody.com

View all articles by Clodagh Hogan