Not getting minimum wage

kevinmcc

I stated a job just after Christmas and I have not been getting the minimum wage. I am being paid €300 for working 37.5 hours. He told me that he would look at my wages in a month or 2 but i'm not impressed.. I don't know if I should take it up with the boss or if I should just leave and try and then try and recover what is owed.. The boss is taking the piss cause I was offered a sililar position with another company with starting pay of nearly €100 extra.

marktsang

The boss is taking the piss cause I was offered a sililar position with another company with starting pay of nearly €100 extra.

so why did you take that job then?

Saruman

There is no excuse for even taking a job thats not min wage.. i mean McDonalds pays more!!

kevinmcc

Well only reason I took this job was the fact that the other job was an hours drive away.. I wasn't told how much I would be paid until I had started with the company. I assumed it would at least be minimum wage to start with.

faceman

kevinmcc, im assuming ur over 18 years old (as minors are exempt from minimum wage.

If you're sure you are not being paid minimum wage then you need to request that DETE (Department of Enterprise, Trade and Employment) to investigate it.

you'll find the full details here

let us know how you get on.

kevinmcc

Yes I'm over 18. I'm only being paid €8 an hour! I know reporting it will mean I will probably have to leave the job as it would probably be uncomfortable working there afterwards. Is there any way my employer could argue it e.g. am I entitled to minimum wage rates during probationary period.

cooperguy

It is not against the law to be paid below the minimum wage for the first few months of a job. The management are allowed a training period where they pay you less. Im not sure exactly how long that period lasts for though

faceman

kevinmcc wrote:

Yes I'm over 18. I'm only being paid €8 an hour! I know reporting it will mean I will probably have to leave the job as it would probably be uncomfortable working there afterwards. Is there any way my employer could argue it e.g. am I entitled to minimum wage rates during probationary period.

just give DETE a buzz on monday anyway, the advice over the phone is free.

mick.fr

cooperguy wrote:

It is not against the law to be paid below the minimum wage for the first few months of a job. The management are allowed a training period where they pay you less. Im not sure exactly how long that period lasts for though

Really weird, sounds scandalous and too easy
I will set up a new Ltd and employ for 2 months max, new employes and I will pay them 4 euros an hour and the fire them after 2 months
And again again and again

marktsang

Well only reason I took this job was the fact that the other job was an hours drive away.. I wasn't told how much I would be paid until I had started with the company. I assumed it would at least be minimum wage to start with.

i wouldnt dream of taking any job without knowing exactly what i was being paid first.. how can you gauge if it was a better choice if you didnt know the pay?

gerrycollins

have you payslips.any tax or prsi deductions?

is it cash in hand with "deductions" taken care of?

kevinmcc

The first week they gave me cash in hand, the boss said this was just for "handiness". However since then I have been paid directly into my bank account so at least I have proof of what they are paying me. Also I have not received any payslips.

gilroyb

Be very careful about keeping an accurate record of hours worked. If you can't show what hours you've worked, the boss can say you got minimum wage, just didn't work as much as you're suggesting you did.

Also, be careful you're not assuming you're getting paid for time you're not. Remember 15 minute breaks are paid (one every four hours, iirc), lunch is unpaid.

ArthurDent

By law you must receive a payslip showing hours worked, gross salary and deductions - tell him monday you want a payslip

ArthurDent

Linky re payslip

http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/pay-and-employment/pay_slip

The Payment of Wages Act 1991 gives all employees in Ireland a right to a pay slip which will show the gross wage and details of all deductions. A pay slip is essentially a statement in writing from the employer to the employee that outlines the total pay before tax and all details of any deductions from pay. Your right to a pay slip is set down in Section 4 of this Act. You can view an example of a pay slip here .

Deductions from pay
An employer may not make deductions from your wages unless:

They are required by law, for example, tax (PAYE) and social insurance (PRSI),
They are provided for in the contract of employment, for example occupational pension contributions.
They are made with your written consent, for example, trade union subscriptions
They are to recover an overpayment of wages or expenses
They are required by a court order, for example, an attachment of earnings order in a family law case
They arise due to your being on strike
Where your employer suffers loss through your fault, for example breakages or till shortages or your employer supplies a service as part of the job, for example, a uniform, deductions may be allowed but only where:

They are allowed for in your contract
They are fair and reasonable
You have received a written notice of the deduction - a full week's notice if the deduction arises from your mistake
The amount of the deduction does not exceed the loss or cost of the service
The deduction takes place within 6 months of the loss/cost occurring

faceman

It sounds like the employer may not be paying tax here, hence no payslip so you are not declared on your books. Id defintely call DETE on monday and screw the fcuker.

gerrycollins

are you using a clock in card or something similar? Is the 37.5 hours after lunches but including tea breaks?

ask for a payslip,if none forth coming i'd quit not worth the hassell, but bring it to the attention of the revelant state bodies cause something like this gets up my nose.

I know a fella who got paid into his account but no payslip, so when it came to it they never paid tax for him no PRSI contributions and they made some vile atttempt to produce a P45 for him it was then the figures didnt add up

Victor

You need to have 2 years experience (at anything).

There are also rules about age, up to I think 23.

seamus

mick.fr wrote:

Really weird, sounds scandalous and too easy
I will set up a new Ltd and employ for 2 months max, new employes and I will pay them 4 euros an hour and the fire them after 2 months
And again again and again

Well, not entirely. Assuming that you're rehiring the same employees every two months, at some point the "training" excuse won't work because you're hiring experienced employees who know *exactly* how to do their job.
I also suspect there needs to be a minimum period of non-employment to consider an employment to have been terminated. That is, you would need one working day where the employee doesn't work for you and where you have issued a P45 for their work up to that point.
Sounds like a lot of work to me

You also don't get to choose how much under the minimum wage you can pay. It's set. And any training must be a structured training course, not just a probationary period.

More details here:
http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/pay-and-employment/pay_inc_min_wage