Not Getting Paid Full Wages

Luno

I have been in employment for five weeks, at present I should have been paid for 4 weeks work (having worked 34 and 1/2 hours) but as of present I have been paid for only around 24 hours. I haven't been receiving a payslip but just wondering if anyone has any advice on what to say to my employer with regards to my situation before I ring up later today.

chris85

Luno wrote: »

I have been in employment for five weeks, at present I should have been paid for 4 weeks work (having worked 34 and 1/2 hours) but as of present I have been paid for only around 24 hours. I haven't been receiving a payslip but just wondering if anyone has any advice on what to say to my employer with regards to my situation before I ring up later today.

First get your payslip? Perhaps your got taxed part of your wages. You need to cover what period each pay date covers. So if you paid on 1st day of week 5 is this pay covering the first 3 weeks, or the first 4. Things like this should be clarrified with employer.

Luno

chris85 wrote: »

First get your payslip? Perhaps your got taxed part of your wages. You need to cover what period each pay date covers. So if you paid on 1st day of week 5 is this pay covering the first 3 weeks, or the first 4. Things like this should be clarrified with employer.

Nobody gets handed payslips so will have to request them thanks.
I am supposed to be paid every week on a Friday but that hasn't been the case really.

chris85

Luno wrote: »

Nobody gets handed payslips so will have to request them thanks.
I am supposed to be paid every week on a Friday but that hasn't been the case really.

ok should be getting payslips every time from employer. Issues needs to be discussed with employer really.

Luno

chris85 wrote: »

ok should be getting payslips every time from employer. Issues needs to be discussed with employer really.

Of course as I said, will ring up later just unsure of what I should really ask. Haven't actually experience with these sort of issues so just looking for advice and opinions.

tatli_lokma

Have a look here, in particular the issue regarding payslips.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/

no one should have to ask for a payslip - it is the law that they be provided to you as standard, not that they are a favour provided upon request.

As Chris85 says, it could be a case that emergency tax is being applied, or that your working week is calculated from say Wed - Wed, and you get paid friday. Things like this can make a difference.

As for how to approach it, just ring and say "I got less wages than I was expecting. I was wondering if you can give me a payslip so that I can make sure my tax has been organised properly? And can you tell me how many hours I was paid for and what deductions were made?"

These are reasonable requests, and to be honest, if your employer was giving you payslips as they should, you wouldn't have to ask as it would all be there in black and white for you to see clearly.

also, do you have a contract? how often you get paid and what rate should be in there. If you are in the place 5 weeks and still don't have a contract you need to chase that up too.

No contract and no payslips and incorrect wages would have me very worried as it sounds as though the employment is not entirely legit.

wmpdd3

You could try saying you need ask you payslips for the social welfare etc sometimes that can put the skates on things.

Luno

I rang my employer on Thursday and was told payslips would be available on Saturday but haven't received any despite checking yesterday and today and no other employees have heard about them supposedly being in.
I have a new issue that it feels that I am being replaced, a new employee has been brought in and is working my old hours while I have been given barely an eighth of what I had. I feel as though my employer wants me to quit and forget about these unpaid wages. I am in a rut as to whether I should quit or not as I'd like to be given what I am owed at the least.

CrinkElite

That's disgraceful. Don't let this lie. What line of work is it?

Luno

CrinkElite wrote: »

That's disgraceful. Don't let this lie. What line of work is it?

It's just a restaurant/cafe set-up. I'm only 18 and very new to the workplace.


Is it against my rights as a worker to not be given a contract, not be given payslips even after requesting them and having no indication as to why my wages are not being paid in full (when I rang up I was told that my employer is not responsible for the wages and he can't give me a reason as to why I haven't been paid and that I'd receive my wage slips yesterday but obviously I didn't).

wmpdd3

It is but recently it has become so hard to get employers to abide by the law.

Nothing will happen to the employer if they break employment law, it just that simple.

All you can do is ask if the boss is happy with your work, ask if he / she is aware you are available for any shifts going and that you'd love to be trained on till / closing etc if it means you can get more shifts.

It could be that you were taking on to fill a void for a few days and then in his eyes only supposed to work a few shifts a week after that. But I'd be suspicious of new staff joining all the time.

I'd also be very wary of your boss paying the tax he says he is taking from you to the tax man, so as soon as you get your payslips not what tax is supposed to be paid and in a few weeks call the tax office and make sure it's all legit.

In the meantime as this is probably your first or second job, get your employers employers number and ring the tax office on Monday and get your tax sorted out so you wont be taxed too much emergency tax.

stevenmu

Can you check with other employees if they are getting paid correctly?

tatli_lokma

OP it just occurred to me that you also need to double check your hourly rate. Young inexperienced workers such as yourself have a lower minimum wage threshold. It could be that you are getting all your hours but at a lesser rate than you expected.

You need to push for a contract, but to me it sounds like you were hired cash-in-hand as a casual worker to fill in. A lot of younger workers fall into this trap as employers know that you are not experienced enough to know your rights. If you have a contract you will get a pet number of hours guaranteed.

I think you should start looking elsewhere - hard though it is and them report your employer to workplace relations.

I know you're 18 so don't want to patronise you, but do you think it might be worth a parent or older sibling making a call to your employer? Cos it sounds to me like your employer is taking advantage of your youth and inexperience in this matter.

Luno

Thank you all for the advice, it has been really helpful.

Little Ted wrote: »

OP it just occurred to me that you also need to double check your hourly rate. Young inexperienced workers such as yourself have a lower minimum wage threshold. It could be that you are getting all your hours but at a lesser rate than you expected.

You need to push for a contract, but to me it sounds like you were hired cash-in-hand as a casual worker to fill in. A lot of younger workers fall into this trap as employers know that you are not experienced enough to know your rights. If you have a contract you will get a pet number of hours guaranteed.

I think you should start looking elsewhere - hard though it is and them report your employer to workplace relations.

I know you're 18 so don't want to patronise you, but do you think it might be worth a parent or older sibling making a call to your employer? Cos it sounds to me like your employer is taking advantage of your youth and inexperience in this matter.

Unfortunately I was only ever told that I was working part-time at 8.65 an hour.

I will definitely raise the issue with regards to a contract. I am positive that they are paying tax against me as they wouldn't promise me payslips surely? I just don't comprehend exactly how I can go from 12 hours a week to 1.5 hours with a new employee working my previous hours.

Don't worry I don't feel that you are patronizing me and I think that is probably what I will do as there isn't much hope in me getting facts and not lies from my employer.

All replies have been much appreciated!

wmpdd3

Sounds like you are on a zero hours contract (we'll call you when we need you).

tatli_lokma

Even zero hours contracts have rules - the contract still has to say how many hours the employee must make themselves available for work. If any week the employer does not need them for the hours they make themselves available, they still have to pay them 25% of the hours.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/contracts_without_specific_working_hours_zero_hours_contracts.html

Luno

This will be my final question with regards to my situation.

Is a formal email too much? I have drawn up one and it outlines my issues. I decided to do this because I've found it difficult to get a family member to talk to him and in this way I assert myself.

Thanks,

Luno.

tatli_lokma

I think that would be the best course of action for you now Luno. That way you will also have a paper trail of your communication to them and so will have proof should you decide to make a claim with Workplace relations (NERA)

Luno

Well it looks like I am going to be let go, thanks for the advice everyone.

testicle

I'd contact NERA if i were you. Sounds like constructive dismissal to me...

Luno

testicle wrote: »

I'd contact NERA if i were you. Sounds like constructive dismissal to me...

I haven't been dismissed yet, but have been told that it is likely my employment will cease due to the economic climate. Don't know how this works with a new person being hired to take over my hours. Will look into it more.

tatli_lokma

Sorry to hear that OP, and sorry to say but constructive dismissal or even unfair dismissal would be incredibly hard to prove given the very short time you worked there.

A course of action more likely to achieve some sort of positive outcome for you is a claim to Workplace Relations (formerly NERA). You can claim on the basis of a few things:
° no contract issued within 1 month of starting
° no payslips
° underpayment of wages

Contact workplace Relations as soon as possible to get the full advice on what to do and how to go about it.

Best of luck OP

Esoteric_

Little Ted wrote: »

Sorry to hear that OP, and sorry to say but constructive dismissal or even unfair dismissal would be incredibly hard to prove given the very short time you worked there.

A course of action more likely to achieve some sort of positive outcome for you is a claim to Workplace Relations (formerly NERA). You can claim on the basis of a few things:
° no contract issued within 1 month of starting
° no payslips
° underpayment of wages

Contact workplace Relations as soon as possible to get the full advice on what to do and how to go about it.

Best of luck OP

This is the best thing you can do, OP.

Just to point out, the Workplace Relations website says that it takes 15 working days for a response to an email, but I got a reply recently within 3 working days, so they're pretty on the ball with responding. Calling might elicit faster results, though.

stevenmu

Very sorry to hear that OP.

Make sure you put down in writing exactly what hours you have worked and what pay you feel you are owed and insist that you get paid correctly. Also make sure you get a p45 from them with all of the information filled out correctly, and in particular make sure that taxes appear to be correct.

LegacyUser

My daughter has been working for 2 mths now and hasnt recieved a pay slip she has asked her employee several times and he just keeps saying its in your e.mail but its not. I think the company are trying to avoid tax. Can someone advise me on what to do please.