Employer Not Paid PRSI Say Tax Office - Can't get hold of them

J_Dublin15

Ok. This is now my third thread on my quest to get benefits without any luck so forgive me if I'm a little bit blunt and to the point.

I worked from November 2005 - October 2006. And also November 2006 - November 2008. Due to several reasons, such as issues with getting birth certificate, delays in getting P45 I have only been able to make my claim today. I realise I will not get it back dated - I don't really care about that.

I went to my social welfare office to claim today. I handed in my P45, all my proof of ID, Proof of Address, Passport, Bills, completed application form alongside many other things. All well and good and I finally got this sorted I thought. How wrong was I.

Seems that the Tax and Social Welfare office do not have any records on their system of me having paid PRSI in 2007 so I am not entitled to JB. Now the pay system in work changed in 2008, and no doubt this p robbably has something to do with it. I am sure I had deductions from 2007 however there is no record of it.

Social welfare reckon my employer did not pay PRSI. My Employer is ignoring my requests for a P60 for the year in question. I have emailed them, no answer. I have called them, HR no longer have a direct number and I am fobbed off with excuses and nobody will put them through to me.

From looking back at some of the documentation I got regarding tax during 2008, it seems that at the turn of the 2007/8 year they changed their payroll providers. Obviously it seems that something wasn't right on the old payroll provider as, as much as the tax office can see, they did not pay anything from the moment I joined until 2008.

I have got an E-Copy of my pay slip that denotes my pay to date for 2008, but this merely duplicates what is on my p45. It clearly states I was an employee since October 2006 on this payslip. But only holds PRSI details for the current year.

I am now stuck in Limbo. Revenue have no record of PRSI being paid in 2007, and the company are impossible to get hold of - I have sent the manager of the HR at the company a strongly worded email about how the tax office and social welfare are now viewing the company as not complying with PRSI laws as they have no record of payment and I've asked them to supply evidance that they did pay the PRSI contributions if this is correct.

I've given them seven days to reply and come back to me with documentation - and the tax office have spoke about possibly taking action against them if they were found not to be paying PRSI as this would be against the law.

Xiney

First off - so sorry to hear that this has become such a difficult process. It really is a shame that companies don't have their accounts in order.

However, to me it sounds like you're doing everything right, now. You're on the right track. Leave it to the revenue to sort them out at this point.

The only thing that you could do would be to locate any payslips you might have from 2007 which outline PRSI deductions.



Finally, just a note for others who might read this thread, because I know you've said you don't care about backdating but others may be confused: sign on the day after your job ends whether you have all the documents you need or not. They will let you know what further documentation they require, and as long as you keep the social informed weekly via letter that you are still waiting for your P45 or what have you, they will not close your claim and when it is finally processed it will be back dated.

J_Dublin15

All I have found (So far) is one payslip in mid 2008 which was emailed to me, in which it states my start date of employment in 2006, which I am told will help my case, simply because of the fact it shows I was employed.

Funnily enough this one payslip only has PAYE and not PRSI. It seems to have a "Misc" figure both on deductions and additions which looks a bit strange. According to the email I printed off with the payslip as I thought it was odd when I got it, it states the following with PRSI code A0:

" the payroll company were taxing those who were on fixed term contracts for the sick days they took off. you don’t get paid for your sick day but you shouldn’t get taxed either.

I've also been asked to provide proof of being paid for each the months - I don't have any payslips but do have bank statements from the company showing I was paid throughout 2007 which I'm told is helpful because it proves I was working and if PRSI was not paid, it should have been.

Xiney

Good. Glad to hear you have proof, if not payslips.

I'd keep looking for those payslips though, if I were you.




It sounds like your ex employers are going to get hit with some major penalties.

declan134

go back to SW. ask to speak to an Inspector who can take a statement regarding the non payment of PRSI by your employer.

It is possible for SW to credit your record with the unpaid contributions, once they are satisfied that the employment is genuine and actually took place, and therefore your claim can be processed.

Bring with you any payslips and other documentation (bank statements showing wages in etc)

J_Dublin15

Yeah, I'm going to keep looking for those payslips.

What I have so far in the way of evidance I worked there
- First page of original contract that details my start date on letterheaded Paper issues in November 2006 along with signed execution from the Managing Director
- Additional Page of contracted added in November 2007 to extend the one took out in November 2006
- Bank Statements from April - December 2007 detailing the company paid me each month
- A emailed copy of a mid 2008 payslip which clearly states I started work on the same date of the inital contract.

I'm still looking and I'm sure I will find more - I'm going to present them at the social welfare office next week. And we will take it from there.

Xiney

Sounds good.

How are you holding up? Don't get too stressed now, it sounds like it should get sorted in your favour.

arlone

www.employmentrights.ie should be able to help re employer and PRSI.

fando

Hi

I have had similiar problem recently. My employer did not pay PRSI for over 1 year. In result I was initialy refused Jobseeker Allowance when I got sacked. Went to my local Social Welfare Officer and I told him the story. He was able sort out things within couple of weeks. Any proof of your employment shoud work, I have presented bank statments with lodgment of my wages.
Good luck

J_Dublin15

Xiney wrote: »

Sounds good.

How are you holding up? Don't get too stressed now, it sounds like it should get sorted in your favour.

Yeah - My employer aknowledged reciept of my email but seems unwilling to reply or enter any conversation - I've told them I'm happy to discuss it face to face and remain avaliable to talk about the matter but they do not seem to be entering any corrospondance. I was told by the social if they co-operate it will be much easier to resolve the issue but looks like they will not.

I'm fine - Just a bit frustrated at going down there and finding I have to go back again and queue up about half an hour before it opens again to avoid waiting ages.

I have had similiar problem recently. My employer did not pay PRSI for over 1 year. In result I was initialy refused Jobseeker Allowance when I got sacked. Went to my local Social Welfare Officer and I told him the story. He was able sort out things within couple of weeks. Any proof of your employment shoud work, I have presented bank statments with lodgment of my wages

Before I lost my job 3 months before a number of people got made redundant. I'm kind of curious to hear from my ex employers to see if it is an error on the tax office systems, or something deliberate or a one off, as the chances are it could have happened to the majority of people I supervised as well.....

J_Dublin15

Going to Social tommorow morning.

Sent one strong last email to my ex employers asking if they have any updates on what they are supposedly looking into about the matter, saying I remain avaliable to discuss the matters so we can bring them to an amicable conclusion if there has been a mis understanding. It's now been a week since I first asked for tax information from my employer to which they have refused to enter any corrospondance whatsoever.

I will be informing the Social Welfare of their lack of will to enter conversation about the matter on Thursday, which is hardly going to go in their favour I guess. They have been warned enough and I've pointed them to the PRSI legislation pages on Welfare.ie - it very much is disappointing.

The added problem I have is no doubt they will refuse to give a reference to me because of the fact I am stringing them up.

J_Dublin15

Another chapter in this Saga, still not finished yet.

Went down to the Social this morning, they turned around and said that despite me having a contract of employment, bank statements and a 2008 payroll statement dating my start date, they said they need a P60 or a statement of earnings claiming my PRSI. They told me to go to the tax office to get it, I told them the tax office will not send a P60 out as only the employers can do this and they are refusing to do so.

I then got an email from my wonderful former employers, saying that infact they had paid the tax, but there seems to be some difficulty in the allocation of the money to the people. They would get back to me soon. This is their first bit of information they sent to me and was one line 9 days after I first brought the issue up with them and several emails later.

I told this to the social welfare office who said they would continue to look into this issue, and the lady went to speak to someone else, she said she would call me back but gave me form IA49, which I believe needs to be filled in to register the fact that the employer does not seem to be complying with PRSI laws. She said she would call me back today and let me know if they could make any progress, if not I should fill the form in and bring it back.

I've sent another email to my employer as the social said I really need to get that p60 to make it easier or a statement of earnings -, detailing that I have now been given form IA49 and if social welfare cannot resolve the issue, and that they cannot supply any information to the contrary by the end of the week the form will be filled in, and returned and they will face an investigation on the matter.

Xiney

On the bright side - once you are through this you will have such a thorough understanding of PRSI legislation and what to do in your situation that you will be a fantastic asset to your friends, family and this board (if you choose to stick around here, that is)

It sounds frustrating as hell but I'm sure it will get resolved properly.

J_Dublin15

Thats the reason I'm posting updates - just to share my experience incase anyone else has it and help for the future.

Social just called me, seems they want to take another look at my bank statements which were not photocopied correctly -, heading back down there once more on Monday and they will take it from there. Have the persons name I dealt with and will ask for them which hopefully will prevent being told conflicting information by multiple staff.

Will update this thread on Monday afternoon with an update. The downside is I now need to backtrack from what I told my former employer as a change of plan from the original from the social, which makes my "Act before Friday or the form will be filled in and an investigation" remark look silly when it is now Monday.

breno69

hi,
i am in same boat being working with employer for 3 years doing my apprenticeship now finished it.
now on 3 day week but went to sociaL and they have no record of prsi payed for 2008 plus iv no p60 for that year either.
when i asked for p45 to claim he said he waiting on accountant to sort it as accountant is behind on paper and tax work.employer doesnt know iv contacted social yet.but soon will..!!
bacically im woundering how do i claim without p45 or p60 and my rights..?
plus how do i prove i was working for that year without them.??
so please please if any1 has info to help me please write me back,and will be happy to supply more info if wanted...
thanks.....

matt70iu

J_Dublin15 wrote: »

Ok. This is now my third thread on my quest to get benefits without any luck so forgive me if I'm a little bit blunt and to the point.

I worked from November 2005 - October 2006. And also November 2006 - November 2008. Due to several reasons, such as issues with getting birth certificate, delays in getting P45 I have only been able to make my claim today. I realise I will not get it back dated - I don't really care about that.

I went to my social welfare office to claim today. I handed in my P45, all my proof of ID, Proof of Address, Passport, Bills, completed application form alongside many other things. All well and good and I finally got this sorted I thought. How wrong was I.

Seems that the Tax and Social Welfare office do not have any records on their system of me having paid PRSI in 2007 so I am not entitled to JB. Now the pay system in work changed in 2008, and no doubt this p robbably has something to do with it. I am sure I had deductions from 2007 however there is no record of it.

Social welfare reckon my employer did not pay PRSI. My Employer is ignoring my requests for a P60 for the year in question. I have emailed them, no answer. I have called them, HR no longer have a direct number and I am fobbed off with excuses and nobody will put them through to me.

From looking back at some of the documentation I got regarding tax during 2008, it seems that at the turn of the 2007/8 year they changed their payroll providers. Obviously it seems that something wasn't right on the old payroll provider as, as much as the tax office can see, they did not pay anything from the moment I joined until 2008.

I have got an E-Copy of my pay slip that denotes my pay to date for 2008, but this merely duplicates what is on my p45. It clearly states I was an employee since October 2006 on this payslip. But only holds PRSI details for the current year.

I am now stuck in Limbo. Revenue have no record of PRSI being paid in 2007, and the company are impossible to get hold of - I have sent the manager of the HR at the company a strongly worded email about how the tax office and social welfare are now viewing the company as not complying with PRSI laws as they have no record of payment and I've asked them to supply evidance that they did pay the PRSI contributions if this is correct.

I've given them seven days to reply and come back to me with documentation - and the tax office have spoke about possibly taking action against them if they were found not to be paying PRSI as this would be against the law.

Weather your employer changed pay roll software or not is irrelivent. What your employer did was illegal and I reckon was done for no other reason but to save money.

The employer pays the larger share of your PRSI while your own contributions are dependent on you weekly/monthly wage/salery. Report them to revenue if they are not responding to your query.

They are more than likely ignoring you because they know they were in the wrong! Best of luck and I hope you get sorted:)