Holiday Pay

6th

Ok I am being made redundant and the end of the month and am getting the state redundancy as the boss says he has nothing. Thing is I'm due 11 days holidays (our year runs april to april). Should I expect to get nothing? Am I entitled to anything?

magic roundabou

it is your right to get any holidays due to you - but it will be done throught the payroll so you will be taxed/prsi on it , and since it will all be done on one weeks tax credits you will get hammered on the tax, but if you get an other job you may get some of it back

6th

He's said he cant/wont pay the holiday pay.

Flan45

Legally he's obliged to pay you. If he decides not to then you may need to go down the route of the rights commissioner. Your problem here is if he goes down the tubes then your holiday pay could go with him.

It's also a fairly slow process unfortunately but to get your money you may have no choice.

el_tiddlero

6th wrote: »

He's said he cant/wont pay the holiday pay.

well, he is supposed to - apart from legal action it could be tricky to get it though.. If you're working your notice period you could finish 10/11 days earlier and still get paid the same amount... that way you'd at least get value from the days..

Anti

If your boss is going to be like that.... then that nice new 42" lcd screen he has would be comming home with me on the last day as part of my "holiday pay"

6th

el_tiddlero wrote: »

well, he is supposed to - apart from legal action it could be tricky to get it though.. If you're working your notice period you could finish 10/11 days earlier and still get paid the same amount... that way you'd at least get value from the days..

I've only got 9 days left.

Anti wrote: »

If your boss is going to be like that.... then that nice new 42" lcd screen he has would be comming home with me on the last day as part of my "holiday pay"

Actually I asked about making an offering my imac and he said "well I've have to charge you the going rate as i need to be seen to be bringing money in". Anyway looks like he'll be using me as a freelancer for a bit after we close.

I think his problem is that he cant pay the holiday pay but i dont think he wants to close the company down but rather downsize and work on his own.

I asked him about it and sent him a link to this: http://www.entemp.ie/employment/insolvency/additional%20entitlements.htm

1. QUICK GUIDE TO THE INSOLVENCY PAYMENTS SCHEME: QUESTIONS AND ANSWERSQ1.
What is the Insolvency Payments Scheme?
The Insolvency Payments Scheme is a scheme to protect pay-related entitlements of employees whose employer has become legally insolvent as defined in the Scheme. Under the Scheme, employees may claim - normally through the liquidator or receiver - arrears of pay, holiday pay, pay in lieu of statutory notice and various other entitlements that may be owed to them by their employer. Where a payment is made to an employee under the Scheme, his or her claim against the employer for that debt is transferred to the Minister for Enterprise, Trade and Employment. All payments are made from the Social Insurance Fund, and certain conditions and limits apply to payments under the Scheme.

shoegirl

Talk to your solicitor. He is legally obliged to pay you in lieu of holidays accrued but not taken for the current year.

6th

Ok I showed him some stuff from the Insolvency Payment Scheme:

An employer is insolvent for thepurpose of the scheme if:
• The business is in liquidation
• The business is in receivership
• The employer is legally bankrupt
• Employer has died and is being admin'd under the relevant legislation
• The employer is insolvent under the legislation of another EU member state

He said he is none of these things but has no money.

So I should expect my holiday pay to be included in my final pay cheque?

Xiney

Yes, you should expect it.

Although he might not use you for freelance work afterwards. Then again, if he lacks the professionalism to pay you your entitlements, I'd rather not work for him. Who knows the next thing he'll pull.