Help, what will i be entitled too for SW

sdy

Good morning all, i'm new to this. I am currently in a job where bullying has taken place and emails being sent etc. I get on very well with the other director. My plan in sort is i'm am going to ask the nice director to sign a letter for me to say that he has no more work for me. I am married with one child, my husband works. I have never been to a social welfare office in my life and was just wondering if someone could shed some light on what i would be entitled to if anything. thank you.

Xiney

If you have proof (such as emails) of the bullying, you won't need the letter saying there's no more work.

You can just quit and apply for JSA or JSB (whichever you're entitled to) straight away.

sdy

thanks for your reply. This only started end of last week. the emails were saying that i was later for work and finishing early, not pulling my weight etc. I had to finish early to pick my son up from creche last thursday and i think this annoyed my boss. basically i think he wants me out cost its costing too much to have me here. also i don't have a contact of employment, i don't get payslips etc. I know i'm entitled to force majeure leave for my son. In one of the emails he said that he didn't give a **** about my son being sick and in anothe mail said they could get someone cheaper to do my job. thank you

Shelli

Contact NERA beofore you do anything, keep copies of all the emails and notes of times/dates of anything else that may be relevant.

You may have a case against your emplyer, but NERA will give you the best advice there.

tomred1

First off as you don't get payslips you should make sure that you have been paying PRSI and that your job has been also.You need to contact Social Welfare if they haven't been.An employer must supply you with a payslip.

sdy

Hi Tomred1. I haven't been paying Prsi as they keep saying their accountant is dealing with it. Will this affect me getting something from social welfare. to be honest i'm beginning to panic a bit now, as i have a little boy to consider. thank you

Xiney

contact the revenue to find out if there is a record of you paying prsi.

If there isn't, report your employer to the revenue for not paying your prsi, since entitlement to JSB is determined by PRSI contributions.

GER12

Firstly, in relation to the bullying as previous poster has said print off a copy of all emails and keep for your own records. Does the employment have an internal grievance process which you can follow - this should be detailed on your contract of employment. Generally, one tries to resolve issues of bullying by exhausting internal processes first. This is done by bringing the matter of bullying to the attention of the next in line manager - ensure that you document and record all communications. I would suggest that you contact NERA for advice on this matter. If you choose to go down the road of taking a case for contructive dismissal - if it goes to tribunal you would have to present your case first - so generally its not in your interest to resign - let them take whatever action they so choose.

The other issues are equally significant. You are entitled to receive a payslip detailing your wages and the deductions that are made from your salary. If an accountant is doing up your salary - they would have a package that calculates all of this - so it tells me something else is going on in this company. Does the employer deduct tax from your salary and do you receive things like a P60 from the employer at the end of the last tax year or for previous tax years? Did you receive a P21 balancing tax statement from revenue for any tax year? If the employer is not issuing you with a wage slip - did the employer make deductions for tax but they havent made a return to revenue - are there other employees in similar situations to yourself - this is an issue that should be brought to the attention of revenue immediately.

The other issue is PRSI - all employers pay an employers rate of RSI for employees and deduct employees RSI from your salary. If you are not paying social insurance on your salary - this would affect your entitlement not only to jobseekers but also things like illness benefit, maternity benefit and contributory old age pension - but also things like dental and optical services. This is an issue that you need to report to the Dept. of Social and Family Affairs.

You could be liable to pay tax and insurance on your salary - if these were not deducted at source. How did you get paid is the last issue - was it cash in hand or was it by cheque - you should be able to produce some record of income and payment by the employer.... both revenue and the DSFA will look for proof.... its also probable that they will do a spot check to the place of employment on receipt of your complaint.... but it is in your interest to report the employer.