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Rehired without telling

  • 07-03-2014 3:53pm
    #1
    Registered Users, Registered Users 2 Posts: 453 ✭✭


    My wife working to small family owned business (pub) from 2006.
    Last weeks when i was filling applications for social welfare she handed one of the forms for her employer to sign.
    then she noticed that employment start marked as 2012/01
    she got reply that 2012 company changed their name and company type to Limited company. i forgot the type that they where before
    They haven't informed any employers of change

    is my wife entitled to any payment?
    What dificulties could she encounter in future?
    I think one of them could be redundancy payment,as i believe it will be counted from 2012 and not 2006


Comments

  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,375 CMod ✭✭✭✭Nody


    Changing of entity type would not give her right to redundancy; in fact it has no real effect on her to be honest.


  • Registered Users, Registered Users 2 Posts: 37,315 ✭✭✭✭the_syco


    Nody wrote: »
    Changing of entity type would not give her right to redundancy
    On this note, I think the OP means that she'll get 6 years of redundancy when she retires. Agree that I doubt the rest would affect her.


  • Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    Mandzhalas wrote: »
    My wife working to small family owned business (pub) from 2006.
    Last weeks when i was filling applications for social welfare she handed one of the forms for her employer to sign.
    then she noticed that employment start marked as 2012/01
    she got reply that 2012 company changed their name and company type to Limited company. i forgot the type that they where before
    They haven't informed any employers of change
    It might be the same company, but a change of name and a change of status (from unlimited to limited) rings alarms. Check www.cro.ie/search and find out what you can. You can get documents by paying a few euros. You may need advice on interpreting some of the documents.

    If it is the same company, which I doubt, there shouldn't be any problems. She should have the details corrected to 2006

    If it is a different company, there has essentially be a 'transfer of undertakings' situation. She should have been notified of all the relevant details.
    is my wife entitled to any payment?
    Likely no.
    What dificulties could she encounter in future?
    If there was a redundancy situation, then they might try to claim she was only employed since 2012 and might try to reduce their obligations to her.
    the_syco wrote: »
    On this note, I think the OP means that she'll get 6 years of redundancy when she retires.
    If you retire, you don't get redundancy.


  • Registered Users, Registered Users 2 Posts: 37,315 ✭✭✭✭the_syco


    Victor wrote: »
    If there was a redundancy situation, then they might try to claim she was only employed since 2012 and might try to reduce their obligations to her.

    If you retire, you don't get redundancy.
    I think I got teh two mixed up, but the 1st paragraph quoted here was what I meant.


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