PAy Slip but no Wages

nolly79

during the snow period dec 2010 I missed about 10 days work, I had holidays built up and presumed it would be a good time to take them but my employer later said he couldn't afford to give me holiday pay at this time and therefore my weekly wages would not have been in full. I was paid sporadically during this time and left 2000euro short overall. I have now recieved my notice of termination and decided that I'd check into this unresolved issue of outstanding holidays. I asked our company accountant for pay slips relating to the weeks I was left short but the payslips show a full weeks wages for every week?? which I guess means that my PRSI and income tax was paid as if I was working full time but I did not get these wages?? What can I do?

ABajaninCork

I presume you're paid via BACS? Then I would check your bank statements for that period.

If there is no money paid for that period, then I would suggest a polite solicitor's letter might be in order.

As a matter of interest: Why did you leave it so long to query your pay?

nolly79

Thanks for your reply ABajin, my wages have been paid in cash (with tax PRSI deducted) for the last couple years since company pay cheques starting bouncing! I have been asking for payment on various occaisions over the past few years and was promised I would get it but this never materialised. I was just wondering is it a matter for NERA or solicitor?

BTW I have worked with my boss for over ten years and he has gone from partnership (8 yrs) to sole trader (1yr) and Ltd. company with wife as director for the past 2 years (well just under 2 years as I'm being made redundant 1 month short of qualifyng for redundancy)

ABajaninCork

nolly79 wrote: »

Thanks for your reply ABajin, my wages have been paid in cash (with tax PRSI deducted) for the last couple years since company pay cheques starting bouncing! I have been asking for payment on various occaisions over the past few years and was promised I would get it but this never materialised. I was just wondering is it a matter for NERA or solicitor?

BTW I have worked with my boss for over ten years and he has gone from partnership (8 yrs) to sole trader (1yr) and Ltd. company with wife as director for the past 2 years (well just under 2 years as I'm being made redundant 1 month short of qualifyng for redundancy)

Paid in cash with PRSI and tax deducted? History of rubber CC's??? Alarm bells would ring right there. I think you should call Revenue and make sure your stamps HAVE been paid. That would be my first call.

Secondly. Do you have anything in writing confirming the shortfall? If you have, then great. Go and have a word with NERA or a solicitor.

Nothing in writing? Not sure how you could prove your loss, but having a word with NERA might be in order anyway...

HTH and good luck!

Shelflife

If you have worked for the same person for 10 years you are entitled to redundancy, its my belief that if he went from soletrader to ltd company and there was no disernable change in your circumstances then your experience stays with you.

nolly79

thanks for replies guys.. I hope to see a solicitor this week or next and I'll post up any info I get from there for anyone else in similiar situations.

I'm sure my PAYE and PRSI is being paid as the accountant is an outside consultancy company and would not play a part in anything dodgy. I also have copies of emails looking for payment of these wages with my boss. He had initially agreed to pay it but never followed through. I'm of the understanding that if I contact NERA regarding this matter that it will be my employers reasponsibilty to prove payment of wages rather than the employee's reasponsibility to prove non payment?? Hope I'm right..

relax carry on

It would be no harm to contact Revenue and request details of your Pay, Tax, PRSI and Income Levy in the period you have been employed by him. This will at least provide you with a record of what he has declared to Revenue for you.

tatli_lokma

also check here...

https://www.welfare.ie/EN/Secure/Pages/RedundancyCalculator.aspx

you might find you are less than 1 mth away from statutory redundancy allowances...you might be able to negotiate an extra week or two in work? I was in a similar situation, thought I would be short for my redundancy by a month, but in fact it was only 10 days, and when I mentioned this to my company they were prepared to negotiate and allow me to work those extra 10 days.

Worth confirming