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Redundancy Pay - from a US company??

  • 27-10-2011 3:21pm
    #1
    jillette
    Registered Users, Registered Users 2 Posts: 43 ✭


    I've been working for a US based company for just under three years, working remotely from a home office (though I have been paid every month through an Irish company that they pay my wage to, so my taxes etc get paid in Ireland).

    I've been told that the company will probably soon be letting me go as they will soon be restructuring in Europe and won't need my role any longer. Does anyone have any experience of claiming/pursuing redundancy pay in this situation? My line manager is convinced that the company will just refuse to pay me, as it's not how they operate in the US. I should add that I also have no paper contract with this company - no one does, though I am a permanent employee.

    Any advice/tips would be appreciated.
    Tagged:


Comments

  • #2
    Macker1
    Registered Users, Registered Users 2 Posts: 1,886 ✭✭✭Macker1


    jillette wrote: »
    I've been working for a US based company for just under three years, working remotely from a home office (though I have been paid every month through an Irish company that they pay my wage to, so my taxes etc get paid in Ireland).

    I've been told that the company will probably soon be letting me go as they will soon be restructuring in Europe and won't need my role any longer. Does anyone have any experience of claiming/pursuing redundancy pay in this situation? My line manager is convinced that the company will just refuse to pay me, as it's not how they operate in the US. I should add that I also have no paper contract with this company - no one does, though I am a permanent employee.

    Any advice/tips would be appreciated.

    I would imagine that they would have to toe the line with the employment laws in Ireland. Has any official communication happened........... No contract ?? An unusual situation to be sure.

    I hope it works out


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Check out these links:

    http://www.employmentrights.ie/en/informationforemployers/redundancy/

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

    You say you never got a written contract. That can work in your favour. Presumably, if you never got a written contract, you were never given your terms of employment? Check out this link to s.7 of the Terms of Employment (Information) Act 1994. http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/redundancy_payments.html

    You will see that a Rights Commissioner may award up to 4 weeks wages if the employer has not given terms of employment to an employee. Section7(2)(d).

    Also, see section 7(3), in relation to the time limit for making a complaint to the Rights Commissioner re Terms of Employment.

    If they let you go, consider if you have grounds for complaints re:
    1. Redundancy.
    2. Terms of Employment.
    3. Minimum Notice (if applicable).


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