Holiday pay

wicorthered

A mate of mine has just lost her job. Went into work Monday and was told Friday was her last day. The company she works for has told the staff they are completely skint and can only pay wages owed, so the government are being caught for the redundancy. Not nice but I'm sure this happens a lot.

The bit I find strange is that, she has been told the company can't afford to pay outstanding holiday pay, she has to claim it off the state. I've never heard of this before, is it true? Does the taxpayer have to pay holiday pay for laid off workers? If that's true it's outrageous, why should the government have to cover debts of a private company!?

barbs84

as far as im aware its the company that has to pay the holiday pay not the goverment, the goverment do not pay all the redundancy either they pay a big percentage but the company still have to pay so much

RichardAnd

wicorthered wrote: »

why should the government have to cover debts of a private company!?

To be fair, this is something they seem to be in the habit of doing

professore

barbs84 wrote: »

as far as im aware its the company that has to pay the holiday pay not the goverment, the goverment do not pay all the redundancy either they pay a big percentage but the company still have to pay so much

Yes and the company should pay her and claim it back off the government - there is no provision for her to claim redundancy directly from the government. Get a solicitor involved if you don't get your full statutory redundancy and holiday pay from the company. In my experience forget about those government bodies they are a waste of time.

dan_d

Has happened to a friend recently - the company haven't the money to pay him and haven't for quite a while now.

Not sure about holiday pay, but he's just getting the statutory redundancy and he has to go to the Gov for it.

It's a long process but it's how it works. I'm not sure a solicitor will help matters, other than costing her more money. If they haven't got the money, that's it, really.

Nijmegen

I'd say study your redress closely. An employee is a creditor of the company just like anyone else, and in the event the company can't pay its bills and goes insolvent, employees are usually up there near the top of people to get paid their due.

If the company is continuing to trade, it should be pursued for everything it owes you, simple as.

Of course blood from a stone, there comes a time when you have to turn to the state. But always pursue the company first.

tommy57

she will have to get an rp50 form filled out by her employer.if he refuses to fill it out she will have to go to the labour court to get her money. Also depending how long she's there she should be owed wages. an example would be if shes there over 5 years she should be owed 4 weeks wages and any holiday money and wages currently owed.

professore

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/redundancy_payments.html

Doesn't mention holiday pay though ... there's another thread here : http://www.boards.ie/vbulletin/showthread.php?t=2054923596 that may help.

On the date of the termination of employment your employer must give you a "Redundancy Certificate" - section B of form RP50 - and should pay the redundancy lump sum due to you.

If your employer has not paid your redundancy lump sum, you should apply to your employer for it using form RP77 (pdf). If your employer still refuses to pay it, you can apply to the Department of Social Protection for direct payment from the Social Insurance Fund using form RP50 (pdf) as follows:

If your employer is unable to pay your redundancy lump sum, he should sign the RP50 and submit a letter from an accountant or solicitor stating he is unable to pay and accepting liability for the 40% owing to the Social Insurance Fund together with documentary evidence such as audited accounts
If your employer refuses to pay your redundancy lump sum or if there is a dispute about redundancy you can bring a claim to the Employment Appeals Tribunal using the application form TI-A. This must be done within one year of your dismissal. To apply for your lump sum you should send a completed form RP50 together with a favourable decision from the Employment Appeals Tribunal

wicorthered

Thanks for all the replies guys!!