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Company pay backs... can they do that?

  • 11-11-2006 3:15pm
    #1
    Closed Accounts Posts: 29


    just changed job, and the previous company I worked for has just sent me a bill of 325 euro for 9.5 vacation days I was over the limit.

    Now everytime we took vacation we had to submit a request and this was then approved, and at no point was I told I was over my limit.

    can they then legally charge me for the days?


Comments

  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    Addlcove wrote:
    just changed job, and the previous company I worked for has just sent me a bill of 325 euro for 9.5 vacation days I was over the limit.

    Now everytime we took vacation we had to submit a request and this was then approved, and at no point was I told I was over my limit.

    can they then legally charge me for the days?

    No. For the laugh I'd send them $325 in Monolopy money!


  • Moderators, Arts Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 9,586 Mod ✭✭✭✭BossArky


    I would have thought they would just deduct it from your last months pay.


  • Registered Users, Registered Users 2 Posts: 18,984 ✭✭✭✭kippy


    I thought you would be legally obliged to pay back them the money you owe them.
    I believe that granting holidays in advance of working them up is on the basis that you will actually work them up and not leave the company.
    I think they are within their rights to ask for this money.
    I doubt however they will do too much to get it back if you dont pay them though.
    I'd like to see a link to the legislation on this won. Morally you are doing the wrong thing and may cause hassle for other people in the company in future trying to take holidays they havent worked up yet. That would just be my common sense approach.
    Kippy


  • Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash


    An employer can give leave in advance - it's quite commonplace. Ignore the letter.



    Apologies off topic:

    It seems very little for 9.5 days - approx €34 per day :confused:


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Short answer is yes they can.

    Possession of money (i.e. in your bank account) does not necessarily make it yours. Now, the situation can take many permutations. If you didn't even know about the error and the company came around 12 months later looking for the cash, they wouldn't get a whole pile of sympathy from the courts. If however, you knew about the error, then you wouldn't get much sympathy.

    In this case, it would seem that the company have uncovered the error in a reasonable amount of time. Onus on keeping track of the amount of holidays taken isn't clear. The company has a responsibility to ensure that you take all of your holidays, but it is not legally required to make note of your holiday days and/or inform you if you take too many. It depends on the company as to how that's handled.

    With that said however, you would notice immediately (and kick up stink) if you were underpaid for your holidays. So by the same token, you should be equally vigilant about being overpaid.


    Again, they have every right to get their money back. Ring them and arrange a deal (i.e. payment in instalments) if you can't afford that amount up front.


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  • Registered Users, Registered Users 2 Posts: 3,408 ✭✭✭Huggles


    Addlcove wrote:
    just changed job, and the previous company I worked for has just sent me a bill of 325 euro for 9.5 vacation days I was over the limit.

    Now everytime we took vacation we had to submit a request and this was then approved, and at no point was I told I was over my limit.

    can they then legally charge me for the days?

    Yes they can. I remember the same thing happened to an ex colleague of mine, she was deducted 500 euro in last payslip for excess holidays.


  • Registered Users, Registered Users 2 Posts: 476 ✭✭Pablo


    The company well within their rights to do this. If you are not entitled to the hoildays and you've taken them, then they can ask for the money back, or bring you to court to get the money.


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