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What is her boss upto?

  • 11-07-2014 3:30pm
    #1
    Registered Users, Registered Users 2 Posts: 295 ✭✭


    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.


Comments

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


    She is entitled to a payslip:
    The Payment of Wages Act 1991 gives all employees a right to a pay slip which will show the gross wage and details of all deductions. A pay slip is essentially a statement in writing from the employer to the employee that outlines the total pay before tax and all details of any deductions from pay. It can be provided to you either in electronic format or in hard copy. Your right to a pay slip is set down in Section 4 of this Act.

    Deductions from pay
    The Payment of Wages Act 1991 refers to situations where either deductions are made from pay or the employee is required to make a payment to the employer.

    The following deductions from your pay by your employer are allowed when:

    They are required by law, for example, tax (PAYE) and social insurance (PRSI),
    They are provided for in the contract of employment, for example occupational pension contributions.
    They are made with your written consent, for example, trade union subscriptions
    They are to recover an overpayment of wages or expenses
    They are required by a court order, for example, an attachment of earnings order in a family law case
    They arise due to your being on strike
    Where your employer suffers loss through your fault, for example breakages or till shortages or your employer supplies a service as part of the job, for example, a uniform, deductions may be allowed. In these cases a deduction (or payment by the employee) is only allowed where:

    It is allowed for in your contract
    It is fair and reasonable
    You have received a written notice of the deduction - a full week's notice if the deduction arises from your mistake
    The amount of the deduction does not exceed the loss or cost of the service
    The deduction takes place within 6 months of the loss/cost occurring
    Failure to pay all or part of the wages due to an employee is considered an unlawful deduction and a complaint can be made under the Payment of Wages Act – see ‘How to apply’ below. Likewise, unpaid notice, holiday pay, bonus and commission payments can also form part of a claim under the Act.

    Is she paying tax? she should call the tax office and tell them who her employer is, they will want a employers number which she wont have but she can get one from another persons payslip.

    She should ask if her details have been registered with the tax office by the employer.

    Also ask for a headed letter from work showing her gross pay and her rate of pay. If they wont do this write out your own letter and ask him to sign it. If he won't do either of these thinks you can basically take it, things are bad, go looking for a new job.

    Also if he is not paying tax for her, she may have a whole in her PRSI record and could be in trouble when it comes to JSB / Maternity claims if one was to arise within the next 24 months.


  • Moderators, Computer Games Moderators Posts: 10,462 Mod ✭✭✭✭Axwell


    Mod Edit: Moving to Work and jobs - you will get a better answer here


  • Closed Accounts Posts: 4,001 ✭✭✭Mr. Loverman


    I think you know the answers to these questions.

    Why would you not provide a contract? Because it makes it easier to fire/etc. someone.
    Why would you not provide payslips? Because you aren't paying correct tax.

    Of course, it's possible the boss is a dumbass and doesn't think contracts and payslips are important. It's also possible it's a new company (is it?) and the boss doesn't know how to do this stuff yet.


  • Registered Users, Registered Users 2 Posts: 122 ✭✭MrBobbyZ


    This sounds like a job my partner had once.
    No contract, payslips etc. When she asked about payslips she was told to go to the accountant. The accountant had no record of my partner, no PAYE/PRSI had been paid on her wages since she started (10 months at this stage).
    The person who owned and operated the business was completely incompetent, really I could write a book on "how not to operate your business" just from the stories.
    Thankfully she found a great job not long after this.

    Regardless of how your issue gets resolved, and I hope it does, it sounds like your GF should start looking for another job with a business that is managed correctly. The stress involved with working for someone who clearly doesnt have a clue is just not worth it.

    We work to enhance our life, not to diminish it.


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