Past Employer Refuses To Give Me Back My p45

digitalremote

I as working in a shop for 3 months in Limerick (a very well known shop that should have standards... let me just say that it's a big company as big as spar and centra.)
The employer first refused to take my p45, paid me flat rate for bank holidays ect. (although I'm not even sure if I'm entilted to anything), only allowed a 10 minute break for 8 hours work and paid me each week by handing me cash in an envelope.
I'm not even going to go into detail about how much of a prik he was and how terrible it was to work there. I finally convinced him to take my p45 three weeks before I quit - big mistake. Now that I've started another job for the rest of the summer, I need my p45. He said he'd post it out to me (this was three weeks ago when I gave my notice) but I still have nothing. I phoned him last week and today - no answer. I then called the store a while ago and was put on to him, when I explained who I was he hung up. :mad:

Does anyone know what can I do to get it back? Who should I go to?

seamus

Contact the tax office. Explain that your employer is withholiding your P45. That'll scare the **** out of him. I'm guessing you're quite young - he's probably hoping that you haven't a clue and will just go away. He's probably been paying you off the books which means that he's liable for PRSI.

calsatron

Call the Revenue and explain the situation, they'll contact the employer on your behalf. This should hurry them up a fair bit as its a big red flag for a Revenue PAYE inspection.

The lo-call number for the revenue in Limerick is 1890 22 24 25. They're generally very helpfull and pleasant.

Spud83

Sounds like he dodging his responsibilities as an employer to be honest. First I would contact the tax office and ask can they do anything about it, second contact the government agency regarding employment rights and explain how he is treating staff, thirdly see if you can contact the head office of the chain and make a complaint to them. He will be ****ting himself if you manage to just get one of these after him.

RainyDay

Contact Dept of Enterprise employment rights section.

Dord

seamus wrote:

Contact the tax office. Explain that your employer is withholiding your P45. That'll scare the **** out of him.

+1

I had this problem before with a previous employer. I rang the tax office and they seemed delighted to help. They sent a lovely letter to my previous employer and they got a nice phone call too.

I got my P45 within the week.

leeroybrown

By the sounds of it the OP's employer only took a P45 from the employee to keep up the pretense that their tax affairs were in legal order. From the description I wouldn't be surprised if the employer filed the P45 they were given in the bin and can't issue one due to a lack of the relevant taxation paid.

As was pointed out in the above posts the Revenue would love to hear about this particularly if there is a suspicion that the employer is not passing on the relevant PAYE and PRSI (particularly the employers PRSI) relating to some employees. Bear in mind that you will be liable for your unpaid tax if this is the case but I think it would be more than worth it to see them squirm.

calsatron

Thats not quiet correct.

If you've had PRSI and Tax deducted from your wages then even if it wasn't paid to the Revenue you wont be liable for any further payment.

They'll persue your ex-employer for it.

The Invigilator

Tell the employer that you have contacted the tax office, thank him for his time and get a p46, fill it in and the tax office will forward a new P45 to you.

leeroybrown

calsatron wrote:

Thats not quiet correct.

If you've had PRSI and Tax deducted from your wages then even if it wasn't paid to the Revenue you wont be liable for any further payment.

They'll persue your ex-employer for it.

While you are correct in saying that, it will be difficult to prove any deductions taken given that the OP doesn't mention payslips and says that they were payed with an envelope of cash.

fguihen

please let us know the outcome of this suituation, im quite interested as a similar thing happened to me years ago.luckily a simple threat of involving the tax office provided me with my p45 and any money I was due.

PDD

If the guy is that much of a prik and depending on how you want to handle the situation. Ring him and tell him you want your P-45 back, no doubt he will give you some ****ty excuse or fob you off, then you tell him if you havent received your P-45 in x days that you will be forced to contact the Revenue to get a new one. If he is dodgy (and by everything you've said he is very dodgy) then it will put the ****s up him and you will get a response straight away. It worked wonderfully for a previous employer or mine (mind you he was shut down about 6 months when the tax man slapped him with a hefty bill)

Me personally Id dob the ****er right in there for being a prik and thinking he could get away with it. Kunts like that need a kick in the face every once in a while to bring them back to reality.

egan007

Sorry to hear it but Quit wasting your time on boards and grab this prick by the balls.

http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/pay-and-employment/no_P45_no_P60

Ishmael

More than likely he was dodging tax so depending on how much of a asshole he was about it, you could have him by the balls if you were to bring it to his attention.

Personally i'd screw him over by letting the revenue/local DFSA know about it without informing him as it'd give him less of a chance of covering up any evidence.

You could also screw him for the working hours as 10mins break in 8 hours is definitely not legal.

Citizens Information Website wrote:

Shop employees who work more than six hours and whose hours of work include 11.30am - 2.30pm are entitled to a one hour consecutive break which must occur during those hours. Employees who work in the Retail Grocery trade (Nationwide) and the Retail Footwear and Drapery Trade (Dublin only) are entitled to a 15 minute paid break (exclusive of the main meal break) if working more than four and a half fours