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P45 versus preferential creditor - will unpaid salary be lost?

  • 04-12-2009 10:32am
    #1
    PWR
    Registered Users, Registered Users 2 Posts: 109 ✭✭


    New topic I hope - if I have to leave my company because it is out of cash, but it has the potential to be sold in future, will signing on reduce my liklihood of being paid owed salary in future? As I understand it staff rank first in the list of preferential creditors, i.e. if money comes in staff are paid before other creditors, and shareholders are last to be paid.

    I have 6 months unpaid salary for which the company is liable. By signing on now do I reduce my liklihood of getting that in future, i.e. do I just become a regular creditor of the company? Or can I get a letter from the company saying that I remain a preferential creditor, that I can get paid in due course as a preferred creditor, and pay appropriate tax at that time or in next tax return?

    Best, and thanks for any advice.

    PWR


Comments

  • #2
    cee_jay
    Registered Users, Registered Users 2 Posts: 7,920 ✭✭✭cee_jay


    Mods moving thread here as I don't think it is suitable for State Benefits and may get better replies here? Sorry if its not the correct forum.


  • #3
    Duckjob
    Registered Users, Registered Users 2 Posts: 2,859 ✭✭✭Duckjob


    AFAIK if you're owed wages/salary as an ex-employee, you are second in line after the Revenue.

    I've never heard of losing that preferential staff status because of signing on. I'm open to correction though.


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    I would suggest a chat with a solicitor or with the Department of Enterprise and Employment - they have a public office in Adelaide Road, Dublin 2.


  • #5
    PWR
    Registered Users, Registered Users 2 Posts: 109 ✭✭PWR


    ta, will call Dept. so


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