unfair employer

michael_axor

For three months (2008) I was employed with one of the transport company as a driver and did not get any kind of agreements with the terms of pay and work. Even when I asked.
We agreed that I will get paid for every run I done (money after tax).
Due to the long working hours and low wages I decided to change my job. My boss didn't talk with me about our situation.
For over three months period I didn't get any payslips. I heard always "later". I received my payslips 2 months after I left because I said that I will go to the Revenue office.
On all my payslips the amount was less then amount received on my bank account. I noticed that he didn’t collect any taxes or other charges from my solary.
3 months later I got a letter from the Revenue Office that I have under-payment of tax, and that the office will fetch them for the next four years. Is there a chance to get the money back??? He lied my about rates for work, etc. Thanks for advice.

the_syco

michael_axor wrote: »

3 months later I got a letter from the Revenue Office that I have under-payment of tax, and that the office will fetch them for the next four years. Is there a chance to get the money back??? He lied my about rates for work, etc. Thanks for advice.

See if showing the Revenue the bank statements and the payslips helps you? Maybe say that the money that you didn't get, you assumed that the boss gave it to the Revenue?

michael_axor

the_syco wrote: »

See if showing the Revenue the bank statements and the payslips helps you? Maybe say that the money that you didn't get, you assumed that the boss gave it to the Revenue?

Thanks for answer, I was thinking about the same. I have a new idea... I will sent a letter to my ex boss and I will say that I go to the Revenue...

Jim2007

michael_axor wrote: »

Thanks for answer, I was thinking about the same. I have a new idea... I will sent a letter to my ex boss and I will say that I go to the Revenue...

You are right to assume that the cash paid into your account was net of taxes etc... make an appointment with the tax office, show them your statements etc and concentrate on getting your side of the thing sorted out. Leave the Revenue to deal with your former employer and don't get involved as nothing good can come out of it - if fact your former boss could present your suggested letter as evidence of collusion in the affair!

tatli_lokma

Jim2007 wrote: »

You are right to assume that the cash paid into your account was net of taxes etc... make an appointment with the tax office, show them your statements etc and concentrate on getting your side of the thing sorted out. Leave the Revenue to deal with your former employer and don't get involved as nothing good can come out of it - if fact your former boss could present your suggested letter as evidence of collusion in the affair!

This is good advice - don't write to your ex-boss, just go to revenue directly.

However, Jim2007 is incorrect when he says you can assume that your pay is net of taxes. There are some cases where employers do not deduct PAYE for staff. So you need to check your contract. If the company were responsible for PAYE and PRSI deductions, this should be stated in the contract. AFAIK there is no obligation on all employers to deduct PAYE (although most do). There are some industries and some types of employment where the company are only obliged to administer your PRSI deductions as they also have to pay a PRSI contribution for you.

However, your paylslips should match what was lodged to your bank account. If they were not, then they are not meeting the requirements of the law.

OP - I do have to ask. You worked in 2008 for 3 mths. three months after leaving employment Revenue contacted you. Presuming that they have made the required deductions since 2008 to 2012, it is now 2013. So I am wondering, why has it taken you 5 years to dispute the matter?

You need to contact NERA about the payment of wages and the discrepancies as this is your only way of claiming against your old employer. However, by leaving it 5 years to do so I would imagine that you have left it too long. AFAIK you must make a claim under the payment of wages act within 6 months of the error being discovered.

michael_axor

Little Ted wrote: »

OP - I do have to ask. You worked in 2008 for 3 mths. three months after leaving employment Revenue contacted you. Presuming that they have made the required deductions since 2008 to 2012, it is now 2013. So I am wondering, why has it taken you 5 years to dispute the matter?

Thanks for all answers. Little Ted, your question is the best
The reason wy i doing this after 5 years is that my wife talks about this from 12 months.... Its enough:) I paid to much for my faults. I know that its propably to late to fix this. I just want to try.

tatli_lokma

michael_axor wrote: »

Thanks for all answers. Little Ted, your question is the best
The reason wy i doing this after 5 years is that my wife talks about this from 12 months.... Its enough:) I paid to much for my faults. I know that its propably to late to fix this. I just want to try.

You should have listened to your wife and took her advice long ago! Unfortunately now I think you have left it too late. So now you will have to listen to your wife forever saying "I told you so! You should have listened to me!"