Not being paid on time, no contract

lisil78

Hi my hubbie got made redundant in October, and was only on the dole a week before being offered a new job. The job isn't well paid but he still makes a few euro more than he would on the dole.

The job is a nightmare and he has encountered the following problems:
Late pay - supposed to get paid every two weeks but payments are getting later and later, was supposed to be paid last Friday, still waiting

No contract - He has now been working for 2 months but still has no contract of terms & conditions etc

The job itself is a nightmare, he is highly qualified (more than his boss who is also the owner) although he is constantly being questioned about his work

He was due repayment of tax but the boss refused to pay it, even though it showed on his payslip and he can't get his P60 from his boss.

Every time he speaks to the boss, he makes excuses and passes it off as though it's not a problem. He is always looking for other jobs, but has missed out on 2 because he's not allowed to accept telephone calls and by the time he has called the people back the job has gone.

He is so depressed and feels stuck, if he leaves the job would the fact that he wasn''t getting paid when he should and the fact that the employer wouldn't give him a contract allow him to go back on the dole. I have no doubt that he will get another job quick enough. We have a young family and we just can't live with the uncertaintity of when he will be paid plus his mood is also having a serious affect on our family too.
Any advice????

Milk & Honey

He can complain to a Rights Commissioner about not getting written terms of employment, payslips etc. Late payment is a serious breach of the employment contract and probably would be grounds for deeming the contract repudiated, but that being said the Dept. of Social Protection look at every situation on its own facts.

Mrs OBumble

Welfare would probably look favourably on his case, if he left because he wasn't being paid. Can't guarantee it, but their inspectors are generally fair if you're being fair.

Re looking for other jobs - any chance he could give your number instead? When they ring back you explain that he's working right now, but will be available at XXX? This wouldn't work for lots of roles, but if it's the sort of industry where jobs are gone that quickly, and where they understand about people not being able to take calls, it might just be ok.

twowheelsonly

He'd want to contact NERA and the Social Welfare before he walks away from the job. At least then he's not making excuses in hindsight when he applies for Social Welfare and there will be evidence of the employers wrongdoing which will support his case.
Regarding his P60, he can collect one of these in person from the local Tax Office on the spot - you don't have to get it from your employer. It's quite probable that the Employer hasn't actually got this years P60s' yet - it's still fairly early in the year.
Make sure that he has all payslips and copies of Bank statements to support a claim with NERA and the SW office.
Doesn't sound like much a job and to be honest he'd be better to walk away. Just have everything set up beforehand and the SW won't give him much grief.

lisil78

Thanks guys, I actually went to SW yesterday on his behalf to query what would happen and they were surprisingly sympathetic. Although the girl couldn't say for definite that he would not be banned for 9 weeks, she reckons that if he provides bank statements showing late or non payments and details everything thats been happening, then his case would get looked at sympathetically. She said that it is clear he only took the job to avoid being on the dole and as long as he can provide proof that he has been looking for other employment then it should all be grand. She also felt that he should go to the doctor to, as it's affecting his mood and she said he will be no use to anyone if he makes himself ill over it.

This has perked him up a bit, as he at least sees a way out. Thank you all for your input!!!

relax carry on

twowheelsonly wrote: »

He'd want to contact NERA and the Social Welfare before he walks away from the job. At least then he's not making excuses in hindsight when he applies for Social Welfare and there will be evidence of the employers wrongdoing which will support his case.
Regarding his P60, he can collect one of these in person from the local Tax Office on the spot - you don't have to get it from your employer. It's quite probable that the Employer hasn't actually got this years P60s' yet - it's still fairly early in the year.
Make sure that he has all payslips and copies of Bank statements to support a claim with NERA and the SW office.
Doesn't sound like much a job and to be honest he'd be better to walk away. Just have everything set up beforehand and the SW won't give him much grief.

P60s are not issued by Revenue. P60s are records of Pay, Tax and PRSI for a tax year issued by employers to their employees. Employers have until mid February to provide their employees with a P60. At the same time employers file a P35 end of year return for their employees with Revenue. You can get a print out of this if it has been filed with Revenue as it contains the same details as the P60. But without that P35, Revenue will have no information on your Pay and Tax.

http://www.revenue.ie/en/business/paye/guide/employers-guide-paye-tax-year.html

eastbono

Does your hubbie get payslips? Do they show that the employer is paying PRSI. This is very important in view of the fact the his employer is very shy paying him then he may not pay employers share of prsi to relevant authorities. If hubbie gets payslips make sure you keep them and not throw them away as sw can instigate an investigation on this employer if he does not pay prsi.

In my experience sw will look very sympathetically on your hubbie when he goes and applies for jsb. (IMHO the sooner the better as this late payment will only get worse.)

Whiplashy

I was in a very similar position a few months ago, with a few added issues on top of all that. As soon as I handed in my resignation my boss "reminded" me that I wouldn't be entitled to the dole for 9 weeks as I was leaving of my own free will...even though technically it was more a case of constructive dismissal!

The social welfare were very sympathetic once I explained the situation, and said I'd get a letter regarding there final decision. When the letter came they said they were disallowing me for 5 weeks. I was so angry because I certainly had just cause to resign. I later found out that my previous employer sent a letter to the welfare highlighting that it was completely my decision to leave, she was devastated that I had made that decision, and there would always be a job there for me! The vindictive #&@%£;!

I'm not sure how much weight the welfare placed on her letter. The official line is that you won't be disallowed of you had just cause to resign. The letter I got stated that I did not have just cause to resign, but they were only disallowing me for 5 instead of 9 weeks. Be aware that resigning for legitimate reasons can still backfire on you.