Unfair Wage Deduction

dno7239

Heres the situation: I have been working in the same shop for the last 3 years. Around a year ago, the banks took over, and kept the staff on without any changes. Around a month ago a new owner came in and had a meeting with all the staff at once saying we will be kept on, but there will be changes, there will be suffering, including some pay cuts where necessary. Since that meeting, I met one on one with her and nothing was said to me about me, individually, taking a pay cut. Then when Im paid, I see that she had deducted part of my wages without telling me! When I approached her and asked her why, she said well in the first meeting I said there would be cuts etc.

Now im not on a contract, but surely I have some rights, and cant be treated like ****.

Anyone have any advice?

jesmed

See a solicitor.....quickly. Or ring the citizens advice bureau. I dont think she can just cut your wages. This is a change in your working contract.

dno7239

But the problem is, I dont have a contract

bigbadbear

You have to have a contract. If you don't then you will end up getting something out of this anyway. I second the post about the solicitor/ citizens information. the latter of which is great btw

Victor

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/transfer_of_business.html

dno7239 wrote: »

Now im not on a contract

You may not have a written contract, but you do have a contract. Your new employer is required to provide you with a written contract within 3(?) months. A Registered Employment Agreement and minimum wage may also apply.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/industrial_relations_and_trade_unions/employment_regulation_orders_and_registered_employment_agreements.html

dno7239

Thanks a million for those links. I am going to sit down and read through all of it tomorrow, and then see who I should be talking to in relation to all this. Thanks again, I appreciate it.

Clauric

This is very interesting, and I would think that you are not the only person in this situation. Dealing with your concerns one at a time:

The deduction in your wages. There are only two ways to deduct wages.

1. It is specifically stated in your contract, which you sign, that you authorise the deductions from your pay packet. E.g. Union, break and pay, etc. But the important part is that it is in the contract.
2. Government deduction. This means things like income tax, PRSI or th new USC. You don't give permission for these, but the employer must itemise these deductions

The contract. As you have been there for more than 3 years, it was your previous employer that should have given you your terms of employment (within 2 months of starting). As he is now gone, there is little recourse to him. However, that being said, your terms of employment are now your usual work hours, and usual pay, as determined since your last promotion, review. This is still a contract, although not written, and is as much enforceable.

No matter what your new employer says, you have a contract, and you do not have to take a pay cut. If she wishes to impose a pay cut, or make deductions from your wages, she must ask you to sign a document (in writing), and there should be some form of exchange e.g. less pay, less hours, or an agreement to return you to your original wages in a fixed amount of time. Telling you that there will be pay cuts does not suffice as your acceptance of the cuts.

I would suggest that you go NERA, your union (if you have one), a solicitor (yellow pages), or CIC. Also, I would seriously consider going to the Right's Commissioners, at the LRC. They can also give you some advice. Whatever you do, keep a record of everything, including dates and times, and ensure any communication with them is in writing (email is best).

Good luck with this