Is her boss up to something and if so what?

Lojak

My girlfriend started a job 4 months ago and was put on minimum wage, she was given a three month trial . To this date she has still not received a contract. To make matters worse she has not received a payslip yet, she has been asking him for payslips for the last month and he keeps fobbing her off saying he will sort them soon. Today she rang again and said it was in the accountants hands, so she popped into the accountants and was told they were waiting on stuff from the employers side. The accountant rang the employer in front of her and after the phonecall the accountant told her she would have to call her employer. My girlfriend is now afraid to call him incase he sacks her.She needs the payslips as we are looking for a joint loan and it is being delayed by this. Where does she stand and what are her rights? Any help is appreciated.

Javan

AFAIK it is an offence to fail to provide payslips in a timely manner. Both the Gardai and the Revenue would be interested in this, the Revenue because if he is failing to provide payslips then he could well be failing to fill out the tax returns and make proper declarations of the employment.

Any employee has a right to a payslip provided promptly with the payment, where that payslip includes details of the payment made and of the tax (PRSI, USC and PAYE) paid with the tax numbers of both the employee and employer.

Get proper advice, but I'd say mentioning a call to the Revenue to the employer would see something happen quickly. That something might be your girlfriend getting fired of course ...

Javan

This link sets out a process for complaining about payslip irregularities, including missing payslips.

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

carpejugulum

Javan wrote: »

That something might be your girlfriend getting fired of course ...

her trial period is over

Bepolite

carpejugulum wrote: »

her trial period is over

...but she has not been in the job long enough to have access to the unfair dismissal process. Any trial period of under 12 months still places the power completely in the hands of the employer.

Javan

Bepolite wrote: »

...but she has not been in the job long enough to have access to the unfair dismissal process. Any trial period of under 12 months still places the power completely in the hands of the employer.

I'm not sure that is true.

There can be a trial period built in to an employment contract and dismissals within that trial period are not subject to the same unfair dismissals procedures as normal, but the trial period must be stated in the contract, may not be longer than 12 months but may be shorter, and may be extended once after notice in writing.
In the OPs case there is no contract so none of the normal trial period rules would apply.

From my reading of the link below the employer must provide a statement of employment conditions within two months of the start of employment, that statement may include something about a probationary period, and if it does not include something about a probationary period then there is none.
(but as ever, get real advice)

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

Bepolite

Javan wrote: »

I'm not sure that is true.

http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/unfair_dismissal.html

Unfair Dismissals Act 1977: (May be amendments)

2.—(1) This Act shall not apply in relation to any of the following persons:

(a) an employee (other than a person referred to in section 4 of this Act) who is dismissed, who, at the date of his dismissal, had less than one year's continuous service with the employer who dismissed him and whose dismissal does not result wholly or mainly from the matters referred to in section 6 (2) (f) of this Act,