Is my Employer scamming me? HELP

sammy18

Hi,
I have been working in the Hairdressing sector for 5 years now, fully qualified for the past 36 months. I began working in a new salon december 2011 and we agreed a wage of €350 per week for 5 days 9.30 - 6pm. I was stuck for a job so i agreed. Since then i have discovered my empolyer has only been putting me through payroll for €210 per week (3 days).
Last year I took 2 weeks of my 4 weeks annual leave, was paid €700 for both weeks as agreed. But now im leaving and she is trying to tell me i am only getting holiday pay for what i am going through the payroll for. So that means im only due €140 instead of €700.

Can someone help me here?


Any reply is much appreciated.

Jarren

Rules

There are 3 different ways of calculating your annual leave entitlement:

Based on the employee's working hours during what is called the leave year, which runs from April to March. An employee who has worked at least 1,365 hours in the leave year is entitled to the maximum of 4 weeks' annual leave unless the employment ceases during the leave year. Many employers use the calendar year (January-December) instead of the official leave year to calculate entitlement
By allowing 1/3 of a working week for each calendar month in which the employee has worked at least 117 hours
8% of the hours worked in the leave year, subject to a maximum of 4 weeks
An employee may use whichever of these methods gives the greater entitlement. Generally, the annual leave for part-time workers is calculated using the 3rd method, that is, 8% of hours worked.

An employee who has worked for at least 8 months is entitled to an unbroken period of 2 weeks' annual leave.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/annual_leave_public_holidays.html

wmpdd3

Go straight to the tax office and report her, if you have to claim for maternity or jsb in the future you will get a lower rate than you are entitled to.

Mrs OBumble

wmpdd3 wrote: »

Go straight to the tax office and report her, if you have to claim for maternity or jsb in the future you will get a lower rate than you are entitled to.

What's happened re tax for the amount you were paid cash-in-hand? 'Cos presumably you were getting the 350/week?

You can report her, but when you weigh it up, you may find that the PRSI and USC you owe might outweigh the difference in holiday pay.

wmpdd3

Also OP did you get a P60 for last year? or a payslip every week?

sammy18

wmpdd3 wrote: »

Also OP did you get a P60 for last year? or a payslip every week?

No, haven't got a p60 yet. And no she does not give me a pay slip every week either, I had bother getting one from her recently to present for a credit union loan. I'm getting angrier by the day!! I really appreciate all your help!!

sammy18

JustMary wrote: »

wmpdd3 wrote: »

Go straight to the tax office and report her, if you have to claim for maternity or jsb in the future you will get a lower rate than you are entitled to.

What's happened re tax for the amount you were paid cash-in-hand? 'Cos presumably you were getting the 350/week?

You can report her, but when you weigh it up, you may find that the PRSI and USC you owe might outweigh the difference in holiday pay.

Surely I wouldn't owe anything when I wasn't aware I was going through the books for 3 instead of 5 days? She also told me today that my wage was 400 but deducting the 'tax etc' makes it 350. She's a bull****ting b***h to be honest but I don't want to cause a row either.

mlumley

Just tell her that if you dont get all your money you are going to the tax man. She wil Poo Poo, and pay you.

relax carry on

sammy18 wrote: »

JustMary wrote: »

wmpdd3 wrote: »

Go straight to the tax office and report her, if you have to claim for maternity or jsb in the future you will get a lower rate than you are entitled to.

What's happened re tax for the amount you were paid cash-in-hand? 'Cos presumably you were getting the 350/week?

You can report her, but when you weigh it up, you may find that the PRSI and USC you owe might outweigh the difference in holiday pay.

Surely I wouldn't owe anything when I wasn't aware I was going through the books for 3 instead of 5 days? She also told me today that my wage was 400 but deducting the 'tax etc' makes it 350. She's a bull****ting b***h to be honest but I don't want to cause a row either.

Without payslips you have no evidence to contradict the information she had passed onto Revenue and the DSP. This is one of the drawbacks of working caSh in hand or partially cash in hand. You literally never know where you stand. This is one of the reasons why it is a legal requirement to get a payslip everytime you are paid. If you work in a job that does not provide them, that should either make you run a mile or demand them straight up.
Call the Revenue 1890 service and ask for a print out of your P35s for the years you have worked for her. That will provide you with the same information she provided Revenue and the DSP. Check thses against your own bank accounts to see if they come close. The P35 for 2011 may not be on file yet.

Atlantis50

relax carry on wrote: »

Without payslips you have no evidence to contradict the information she had passed onto Revenue and the DSP. This is one of the drawbacks of working caSh in hand or partially cash in hand. You literally never know where you stand. This is one of the reasons why it is a legal requirement to get a payslip everytime you are paid. If you work in a job that does not provide them, that should either make you run a mile or demand them straight up.
Call the Revenue 1890 service and ask for a print out of your P35s for the years you have worked for her. That will provide you with the same information she provided Revenue and the DSP. Check thses against your own bank accounts to see if they come close. The P35 for 2011 may not be on file yet.

If the OP lodged the 350 in her bank account most Fridays/Weekends and produced relevant bank statements, that pattern of lodgements would strongly back up her claim that her employer gave her 350 cash in hand every week.

badgerbroc11

sammy18 wrote: »

Hi,
I have been working in the Hairdressing sector for 5 years now, fully qualified for the past 36 months. I began working in a new salon december 2011 and we agreed a wage of €350 per week for 5 days 9.30 - 6pm. I was stuck for a job so i agreed. Since then i have discovered my empolyer has only been putting me through payroll for €210 per week (3 days).
Last year I took 2 weeks of my 4 weeks annual leave, was paid €700 for both weeks as agreed. But now im leaving and she is trying to tell me i am only getting holiday pay for what i am going through the payroll for. So that means im only due €140 instead of €700.

Can someone help me here?


Any reply is much appreciated.

Request your p60, usc levy cert and p45fron her and telk her you want them straight away. The p60 is part of her year end return and is due to be filed now.

The P60 will show you how many prsi weeks you have. If this is 52 at a0 then your ok as regard future welfare claims.

With regards to youre holiday entitlements tell her that if you dont get them you will report her to the revenue. You dont need to worry about any additional liability as it is the employers responsibility to calculate the correct deductions. Also, if youre working 5 days a week and only on the books for 210, then you are technically working for below the minimum wage. Tell her you will also report her to NERA (employmentrights.ie)

She will then be facing a revenue audit where she will have to pay the additional taxes, vaton undeclared income and interest and penalties. With nera she will be facing having to pay you the diff between youre rate per returned income and minimum wage.

wmpdd3

According to taxcalc.eu

Taking that you are a single person with no dependents, you pay and deduction would be something like this:

Tax credit: €3300

Gross pay per year: €20,800

Gross pay: €400 p/w

Deductions:

Income levy:€15
PRSI: €11
Income Tax: €17

NET PAY: €358 p/w

Get your figures worked out, start when you took the position. Have all this in writing and use it when dealing with your employer / tax office.

Personally, I wouldn't give you employer a chance to fix this, I would go straight to the tax office as it is the only way you can put your side of the story to them without looking as if you've been working 'cash in hand'.

Of course, there is a chance you could be let go etc, even though you could argue unfair dismissal if you statement is with the tax office.

OP, I just re-read your original post and it says you are leaving? If so get to the tax office ASAP and report your employer.