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P45 after maternity leave

  • 16-10-2013 2:08pm
    #1
    Registered Users, Registered Users 2 Posts: 3


    Hi,
    I'm hoping someone can help me. I'm currently on maternity leave which is due to finish up the end of this month. I'm due back to work on the 4th of November but I just found out that the company I worked for has gone.
    So do I get a P45 on the 4th? And if I'm meant to get 30 days notice does that mean they have to pay me for those 30 days or do I go into social welfare to sign on straight away on the 4th?
    Also I'm due holidays so will I get paid for those?
    Thanks.


Comments

  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    When you say gone, do you mean they have completely closed up shop?

    http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/frequently_asked_questions_about_redundancy.html
    My employer says he cannot afford to pay my redundancy, what should I do?

    If your employer has not paid your redundancy lump sum, you should apply to your employer for it using form RP77 (pdf). If your employer still refuses to pay it, you can apply to the Department of Social Protection for direct payment from the Social Insurance Fund. You apply online using form RP50 as follows:

    If your employer is unable to pay your redundancy lump sum, he should sign the RP50 and submit a letter from an accountant or solicitor stating he unable to pay and accepting liability for the 85% (100% from 1 January 2013) owing to the Social Insurance Fund. Documentary evidence such as audited accounts should also be included.
    If your employer refuses to pay your redundancy lump sum or if there is a dispute about redundancy you can bring a claim to the Employment Appeals Tribunal. You must use the new online complaint form (available by selecting ‘Make a complaint in relation to employment rights’ on workplacerelations.ie). This must be done within one year of your dismissal. Then you apply for your lump sum by sending a completed form RP50 together with a favourable decision from the Employment Appeals Tribunal.


    http://www.welfare.ie/en/Pages/Redundancy-and-Insolvency.aspx

    Best bet is to go to your local citizens information as soon as possible and get a list of everything you will need.


  • Registered Users, Registered Users 2 Posts: 3 Brown boot


    I'm not entirely sure if they plan to pay redundancy, I can't see it being an issue but thanks for the info. Really I just need a bit of information on how best to prepare myself if I don't get a job between now & Nov the 4th, which is quite likely unfortunately.

    I'm due four weeks holidays so I assume I can get this but should I expect it when I get my p45 or once the official notice period is up?

    If the p45 is issued on the 4th do I sign on immediately or do I have to observe a 30 day notice period before I can avail of social welfare?

    If I do get paid my holiday money in a lump sum is it taxable? I'm not on a fortune I might add so there's no chance of me coming out with big bucks I'm afraid.

    I can't see them being too niggly about giving me what I'm due but in the same breath I need to have my wits about me.


  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    I would write to them and give them 4 Weeks notice of your intention to return to work , but to take your 4 Weeks holiday as a block at the end of your maternity.

    let them give you notice and terms of your redundancy.


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