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3 years of holiday pay!

  • 02-06-2011 11:13am
    #1
    hannahlambda
    Closed Accounts Posts: 12 ✭


    I wonder if anyone could advise on my boyfriend's situation with his boss and pay. We'll get in contact with the NERA, but the phone waiting list is long and my credit's not up to the lo-call number.

    He's been working as a landscaper for odd hours (between 20 and 50 hours in a week) for almost 3 years, sometimes with long periods off in the winter and long holidays. He has no contract and gets no pay slips. He just adds up his hours at the end of the week and tells his boss, who pays him just for those hours. Apart from some small Christmas bonuses he's never been given payment for holidays (annual leave or public holidays). Apparently he didn't know he was entitled to this!! :confused:

    Does anyone know if he's entitled to the whole backlog of holiday pay (8% on hours he's worked + public holidays?) or if it expires? And since he has no written record of what hours he's worked will he be able to pursue what he's owed?

    He's looking for new work now, TBG.


Comments

  • #2
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    Lack of records showing his hours worked does not help his position I'm afraid.


  • #3
    Dont be at yourself
    Registered Users, Registered Users 2 Posts: 10,592 ✭✭✭✭Dont be at yourself


    The lack of contract, payslips, irregular working hours and long periods of no work makes me think he could be considered a freelancer as opposed to employee. Has his income been taxed?


  • #4
    eastbono
    Registered Users, Registered Users 2 Posts: 2,758 ✭✭✭eastbono


    I would be very worried with lack of payslips. If his employer ever tells him there is no more work and he applies for social welfare he may have to be means tested as it seems likely his employer is not paying prsi for him and he would not automatically be entitled to jobseekers benefit. It would also appear to me that your boyfriend isnt paying tax or his part of prsi so is effectively working cash in hand. He really needs to clarify the situation with his employer.


  • #5
    piskins72
    Registered Users, Registered Users 2 Posts: 383 ✭✭piskins72


    I would certainly check out the PRSI side of things as because as mentioned in the future if his employer has not been paying this it will effect him benefits wise, you can get a print out of all your PRSI from Social Welfare Records Section, check their website as to where to contact.


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