Leaving a job and Holiday pay...need HELP!!!!!!!!!

dragona

I have been working for a place since 3 Oct 2005. The agreement was three days a week, Mon/Tues/Weds.A tenner an hour after tax, so €80 a day=€240 a week, which is paid to me by cheque.
In reality, I often do 4 days, and the extra €80 is given to me cash. I am assuming my tax and PRSI is being paid as I get a company cheque every week for my wages- though I am still waiting for my P60 since January.I get no payslip.

I am now leaving this job on the 19th of this month.I have not taken any holidays, and have NOT been paid for any Bank hoildays(Pissed off but I shut up about it as jobs are few and far between)

My understanding is that I am due Holiday pay when I leave - as I am part time, I gather this is 8% of hours worked in total since I started.Please correct me if I am wrong!

Obviously this is 8% of the hours worked (declared) and not any extra.I have a feeling(actually I know) that I am going to have a hard time getting this.

What is the best way of broaching the subject, and how would I enforce payment if I don't get it??
I would like to calculate myself how much I am due - do I include Bank Holidays(though I didn't work them and wasn't paid for them?)

I would like to be able to have a figure to present to the boss and say *this is what I need from you*

I am at present the only employee, the other guy that works when I am off gets cash.

mikemac

Here you go

http://oasis.gov.ie/employment/employment_rights/hours_breaks_sundays.html

Click on the link below Further Information and you get a booklet.

If you get any grief and you probably will, give these guys a ring
www.comhairle.ie or pop into your local Citizens Information Bureau
They'll sort you out

Wishbone Ash

dragona wrote:

I get no payslip.

This is illegal under the Payment of Wages Act 1991

Section 4:-

4.—(1) An employer shall give or cause to be given to an employee a statement in writing specifying clearly the gross amount of the wages payable to the employee and the nature and amount of any deduction therefrom and the employer shall take such reasonable steps as are necessary to ensure that both the matter to which the statement relates and the statement are treated confidentially by the employer and his agents and by any other employees.

(2) A statement under this section shall be given to the employee concerned—

( a ) if the relevant payment is made by a mode specified in section 2 (1) (f), as soon as may be thereafter,
( b ) if the payment is made by a mode of payment specified in regulations under section 2 (1) (h), at such time as may be specified in the regulations,
( c ) if the payment is made by any other mode of payment, at the time of the payment.
(3) Where a statement under this section contains an error or omission, the statement shall be regarded as complying with the provisions of this section if it is shown that the error or omission was made by way of a clerical mistake or was otherwise made accidentally and in good faith.

(4) An employer who contravenes subsection (1) or (2) shall be guilty .of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

dragona

Yep - I know it is illegal.
But am I in the wrong for not asking for one? I have been asking for my P60 since the end of Jan(I need it!!) and it has not been forthcoming....

I cannot imagine I am not *on the books* so to speak as I am paid by cheque every week.

I want to GO - I have given in my notice, I want to be paid what I am due.
Just figuring it all out is the problem.

dermot_sheehan

Tell revenue you're not getting your p45, get revenue on the case on your behalf as your p45 needs to include your holiday pay.

Wishbone Ash

Yuo are correct about the 8%. AFAIK it is illegal to pay an employee in lieu of annual leave but I don't know if that applies to someone who has left. You may have compromised your position a little by accepting 'under the counter' payments though. I think that you have six months to make a claim but approach your employer first and let him know that he is operating illegal practices re annual leave, bank holidays, payslips, P60 etc. He may offer to come to some agreement. Mention the Payment of Wages Act, Organisation of Working Time Act, Labour Relations Commission etc. You have nothing to lose.
Good luck.

http://www.irishstatutebook.ie/ZZA20Y1997.html

http://www.irishstatutebook.ie/ZZA25Y1991.html

dragona

Actually, I don't know that the €80 for the extra days work is *under the counter*

As I dont get a payslip, I can assume that my wages are paid part cheque/part cash - or not?

It is illegal to pay in lieu of annual leave if still in employment but not if you are leaving your job.
Someone correct me if I am wrong!

Wishbone Ash

dragona wrote:

Actually, I don't know that the €80 for the extra days work is *under the counter*

As I dont get a payslip, I can assume that my wages are paid part cheque/part cash - or not?

Apologies dragona - I see what you mean.

seamus

dragona wrote:

Actually, I don't know that the €80 for the extra days work is *under the counter*

The one problem here is that whether or not you knew if you were paying tax, you will still be liable for any PAYE outstanding at the end of the year.

As I dont get a payslip, I can assume that my wages are paid part cheque/part cash - or not?

Well, yes. Plenty of places pay bonuses, overtime or more often commission in cash, while also paying a salary/wage via cheque or EMTS. Your employer is legally obliged to detail all income on a payslip, regardless of how it's paid to you.

It is illegal to pay in lieu of annual leave if still in employment but not if you are leaving your job.

Correct. In fact, your employer is required to pay you the balance of your leave when you leave his employment.

There's a very good chance that you haven't been paying tax at all, and your employer has been writing your wages off as a business expense. This would explain why you never got a P60. Did you receive a certificate of tax credits at the start of the year?
By doing this, he's exonerating himself from paying employer's PRSI, but leaving you up the creek without a paddle - if you get laid off, or are out of work due to sickness or injury, or on maternity leave, you may not be entitled to claim social welfare because you haven't paid (enough) PRSI.

I would suggest cutting a deal with your employer. While it might be satisfying to rat him out, you could leave yourself in a whole pile of crap due to his fiddling. Do what you say. Present him with your holiday pay due. If he refuses, have a quick chat to revenue about him.

dragona

seamus wrote:

I would suggest cutting a deal with your employer. While it might be satisfying to rat him out, you could leave yourself in a whole pile of crap due to his fiddling. Do what you say. Present him with your holiday pay due. If he refuses, have a quick chat to revenue about him.

Yep that is what I want to do - it is figuring out the correct amount now that is my problem

Wishbone Ash

dragona wrote:

Yep that is what I want to do - it is figuring out the correct amount now that is my problem

If you do not have a record of days worked, make a rough estimate and add a few for good measure. When you bring the matter to your employers attention tell him that you presume he also has a record. If he doesn't use yours and pretend that you have kept a record all along. As Seamus has said, he was probably returning you as an expense. You are in a good position to cut a deal.

dragona

Wishbone Ash wrote:

If you do not have a record of days worked, make a rough estimate and add a few for good measure. When you bring the matter to your employers attention tell him that you presume he also has a record. If he doesn't use yours and pretend that you have kept a record all along. As Seamus has said, he was probably returning you as an expense. You are in a good position to cut a deal.

Ah well yes,if that is the case I am going to be MEGA pissed off.
I know that I have worked my three days per week since the start, and the odd(quite a few) extra ones.

I obviously can't include those when demanding holiday pay.BUT I have not been paid for ANY Bank Holidays which as sods law dictate fall on a Monday(one of my working days) so I have ended up doing my three days working the Tues/Weds/Thursday instead.
Geddit?????:(
Where can I get an accountant or something for half an hour????

seamus

dragona wrote:

I obviously can't include those when demanding holiday pay.BUT I have not been paid for ANY Bank Holidays which as sods law dictate fall on a Monday(one of my working days) so I have ended up doing my three days working the Tues/Weds/Thursday instead.
Geddit?????:(
Where can I get an accountant or something for half an hour????

You're entitled to be paid for bank holidays at a pro-rata rate, or have time in lieu. Pro-rata means that you don't get paid a full day's pay for the Monday, but you get one-fifth of the average number of hours you work in a week. In this case, if you're doing four days a week at 8 hours a day, then you're entitled to 32/5, or 6.4 hours pay for each bank holiday.

dragona

Thanks for that snippet!
Going to be doing a bit of adding up quite soon....
It is just so annoying when you have to ask for what you should automatically be given.