Not sure how to deal with rogue employer?!

sunflowa

Hi, I've been a full time student for the past 3 years. During that time and for more than a year while I was still at school, I 've been on the books at a hotel at home. I've worked for bits of the summer and holidays and the odd weekend when I've been at home.

The problem is my employer has been pretending to the tax office that I've been working crazy impossible hours (for someone who lives in a completely different part of the country) so that he can put the hours of workers that get the dole as well through as mine.

I've been down as earning thousands more than I have, I've asked him to stop a couple of times and I've been trying to get my p45 off him since Christmas but he just won't give it to me!

I don't know what to do, I don't know whether all these extra hours are good for me or bad?
I'm going to be finishing college soon and signing on while i look for a job and I don't know how that will be effected either?

I don't know if I have a leg to stand on because I've always been paid in cash with no payslip (everyone who works there is the same).

Basically I'm VERY confused! Any advice would be appreciated!

Thanks

PeakOutput

been getting extra tax back?

its pretty simple how you get what you want

tell him he either gives you your p45 or your ringing revenue tomorrow

SoulTrader

mefhein wrote: »

I don't know what to do, I don't know whether all these extra hours are good for me or bad?

Doesn't matter whether it's good for you or bad for you - what matters is that it is wrong. Don't allow someone to misrepresent your earnings on their payroll returns.

From your post, it seems that your employer is trying to (illegally) help other people defraud social welfare, by pretending that they are unemployed and that it was you doing all the work. I see no benefit to you of having your name tarnished for this. These colleagues and your employer will take advantage of your silence if you don't stand up for yourself.

Are you still employed there? If so, demand a P60 for 2009. If not, demand a P45 for the year to date, and a P60 for 2009. They will give you the details of what your employer has reported as your earnings.

If he doesn't give it to you - call the tax office.

If he does give it to you and it's entirely wrong - call the tax office.

Mrs OBumble

What they said.

Also - it's potentially bad for you: if you get a job this financial year, your first XXX is tax-free, your next YYY is at 20% and the rest is at 41% (or so).

Other people have been enjoying the benefit of your tax-free XXX and possibly YYY too: if you start working, you'll be taxed more than your really ought to be.

Tax and welfare fraud is just plain DUMB: you will almost certainly eventually get caught, and when you do the penalties are worse than the cash you got at the time.

gandalf

Christ I would get on Revenue straight away, if they find out about this and suspect that you knew I doubt the outcome will be pleasant. If he is doing this he is defrauding Revenue and Social Welfare.

wmpdd3

Agree with above, you accepted cash in hand for your job, so it looks like you were in cahoots with your employer.

3DataModem

mefhein wrote: »

my employer has been pretending to the tax office that I've been working crazy impossible hours (for someone who lives in a completely different part of the country) so that he can put the hours of workers that get the dole as well through as mine.

mefhein wrote: »

I've always been paid in cash with no payslip (everyone who works there is the same).

The solution is simple;

Call revenue. Give them your RSI number. Tell them your employer won't give you a P45 or P60 or PaySlip because you have reason to believe they are misstating your earnings. Tell them you believed that you had paid tax and PRSI on your earnings, but because you have no P45/P60/Payslip you have no way of knowing this.

If you've only been working a few hours, then any liability will be pretty small anyway. Your employer is a large-scale fraudster, and needs to be stopped. Your PRSI contributions and tax-compliant status may be in jeopardy.

Just make the call.

mood

3DataModem wrote: »

The solution is simple;

Call revenue. Give them your RSI number. Tell them your employer won't give you a P45 or P60 or PaySlip because you have reason to believe they are misstating your earnings. Tell them you believed that you had paid tax and PRSI on your earnings, but because you have no P45/P60/Payslip you have no way of knowing this.

If you've only been working a few hours, then any liability will be pretty small anyway. Your employer is a large-scale fraudster, and needs to be stopped. Your PRSI contributions and tax-compliant status may be in jeopardy.

Just make the call.

Maybe put it in writing. And include a list of hours you worked if you remember and your college timetable to prove you couldn't have worked the hours he claimed.

Also I think you can get P45 and P60 directly from the tax office.

sunflowa

Thanks to everybody who came forward with advice. I am going to go to the revenue because my earnings are way off and I shouldn’t be expected to cover for what evers going on.
To the person who insinuated that I’ve been getting extra tax back, I haven’t. I don’t think I’m paying any tax, I don’t know if thats cause my earnings are below a certain cut off point or something.
I registered with Paye online so now I can see what I’m down as earning. I’m down for at least 6 thousand more than what I actually earned, probably more, but I don’t have a record of my hours.
“you accepted cash in hand for your job” Is it illegal to get paid in cash for work? I didn’t even know that! Are you supposed to get like a cheque or something?
Anyway I’m going to try to fix this. I hope I’m not liable to be in trouble, I haven’t done anything wrong

Kristopherus

Your employer can pay you in cash if he so wishes. But he should give you a payslip as well. But declaring your earnings incorrectly to Revenue is a different issue altogether, and you should do as the other posters have advised. You can also say goodbye to your or any of your family's chances of ever working there again.

mood

Kristopherus wrote: »

Your employer can pay you in cash if he so wishes. But he should give you a payslip as well. But declaring your earnings incorrectly to Revenue is a different issue altogether, and you should do as the other posters have advised. You can also say goodbye to your or any of your family's chances of ever working there again.

Or ever getting a reference from him.

eejoynt

follow this link

http://www.unionconnect.ie/rights/5/

if you did not receive a contract go to www.lrc.ie

and download the form for a complaint to a rights commissioner re failure to provide information on terms of employment.

Commissioner will generally award 3- 4 weeks pay as compensation