Not getting paid - how long to wait it out?

um7y1h83ge06nx

Hi guys,

Usually we get paid monthly in arrears by the 25th of each month.

Last month (June) we were told on the 24th that we wouldn't be getting paid as normal as there was some cash flow. It was (is) hoped that this will be solved by a funding event whose contract is still being finalised.

A few days later we were told that they would be able to make a half months payment to us and we got paid this on the 2nd of July.

The last update we had was last Thursday saying that everything was going well with the contract and they hoped to pay us the second half months wages in the next day or two. Today is Tuesday and we haven't received anything yet.

We are due a monthly payment again on the 25th of this month.

How long should I wait it out for here? Some of us have said that if these issues aren't resolved by the 25th that we have to seriously consider our options.

Any advice appreciated.

Mrs OBumble

It depends on the sort of contract, IMHO.

Do you know what the contract is, and is it a government one? Or is it a private commercial deal?

If the latter then I wouldn't be waiting long. If the former, I'd be approaching my TD and telling them to get it sorted.

um7y1h83ge06nx

I think it's a commercial investment but not entirely sure.

I'm in the company less than 2 years so I'm not entitled to any form of redundancy.

I'm wondering in cases like this do people have to work their agreed notice period? Mine is a month but if things don't work out it would seem a little crazy to be expected to work a month where you're not sure if you'll get paid at the end.

therecklessone

Hi OP,

I'm sure this is a very worrying situation for you and your colleagues but I'd have to ask what options you think you have to take?

Unless you have a trade union to rely on are severely limited in terms of the industrial action you could take.

If you wish to pursue the case through legal channels then you would have grounds to pursue it as a trade dispute (regardless of union involvement) under a number of Industrial Relations Acts. This would involve contacting a Rights Commissioner to investigate the case, if your employer objected to this the case would be referred to the Labour Court. A Rights Commissioner's findings are non-binding, the Labour Court's are binding.

Of course there are practicalities to think about: all of the above takes time. Do you believe your employer when they say they are experiencing cash flow problems? Has this happened before? In the short term there is little you can do to speed this process up IMO.

What I would recommend is that you get organised. Arrange some sort of communication system with your colleagues (email, whatsapp or similar) or better yet arrange a meeting to discuss the issue. Even if you don't have a trade union, you could ask your employer to talk to a staff representative selected from among the workforce. I'd also go to my local Citizens Information office and see if they can offer any advice.

Best of luck regardless.

um7y1h83ge06nx

Thanks for the replies.

Well we reckon the only options would be to decide whether to stay on longer in the hope things get sorted or make plans to get the CVs updated and start job hunting.

Going down the legal route is possible of course but I think if that needs to be done the writing is on the wall and the company is practically finished.

Mrs OBumble

Me, I'd have the CV out there already. And if a got a job, I'd be inclined to look the boss in the eye and say "pay what you owe me now, or I don't work any notice".

ted1

Ring revenue and ensure that tax and PRSI has being getting paid.

um7y1h83ge06nx

True, I'll ring revenue this morning. If the outcome of that call looks bad, I'd say things are looking very dodgy.

um7y1h83ge06nx

Rang Revenue but they only have records on PRSI contributions to the end of the last year.

They recommended I ring the Department of Social Protection so I found the number of the PRSI Records office in Donegal.

Contacted them and they are sending out a copy of the records in the post. They couldn't/wouldn't tell me the situation over the phone.

Hopefully the records don't take too long to come.

um7y1h83ge06nx

I think I'm just going to have to wait it out a while and try to put it to the back of my mind as it's really beginning to stress me out and affecting my ability to work. :-(

Bandana boy

Pretty tough situation to be in OP
I personally would be job hunting already.
As regards when to stop working ,I would keep working up until I had another job lined up.
I know you could end up having worked X days and end up never getting never get paid for it ,but if you stop working you 100% will not get paid and the staff walking out as pay is not coming could be a self-fulfilling prophecy.

I would hope the business is giving you regular updates.

Beef

IMO run a mile OP. I know this from experience and waited and waited while being drip fed money from month to month. I eventually cut my losses but was thousands of euros out of pocket. Definitely have your CV gone out and be prepared to move. Easier said than done I know.

um7y1h83ge06nx

I decided to visit my doctor about my anxiety and stress and am now on sick leave for at least a week.

I just couldn't keep going and needed some time to sort my head out.

They started to put some of us under a lot of pressure to get more work done quicker. It felt like adding insult to injury to be asked to do more work when it's not certain when we might get paid again.

I was wondering if I should tell the truth to my employer as to why I'm sick or should I just say I was sick and leave it at that?

ABajaninCork

I wouldn't be telling them anything. The cert states the reason why you can't work, does it not? Just hand over the cert, and leave it at that.

Don't be in a hurry to rush back either. Your health comes first!!

BTW - Have you been paid the outstanding monies? And do you have your CV out there with agencies yet? I'd be using the time off to get organised...