Working for below minimum wage

LegacyUser

Hi, I'm posting this for my Asian friend who's working in a business in Dublin.

He is in Ireland on a student visa, meaning he can work during the summer time. He is working in a restaurant where he is being paid below minimum wage (€6). He also works 12 hour shifts and only gets a 20 minute break. The European staff in the restaurant get paid the minimum wage. He gets paid in cash.

Is there anything he can do to get back the difference of the hours he's worked? Can anyone advise him in this situation? He's ok with losing his job in the process, he just wants what he's owed.

Thanks in advance for any advice

ASOT

If he's getting paid in cash he's getting paid off the books by the looks of things there's nothing he can do if the employer refuses to pay the difference.

Holysock

I would advise contacting the National Employment Rights Authority (NERA).They are the ones who deal with minimum wage issues. Not sure if theres a way he can go about getting money owed though, wouldn't it be difficult to prove as he was off the books and paid in cash?

http://www.citizensinformation.ie/en/employment/enforcement_and_redress/national_employment_rights_authority.html[url][/url]

LegacyUser

OP here,

My friend said that he takes a photograph of the roster every week so that he has a record of the hours he's worked.

Holysock

OP_here__ wrote: »

OP here,

My friend said that he takes a photograph of the roster every week so that he has a record of the hours he's worked.

Yes he could prove he's working there off the books, but theres no way to prove how much he got paid as it was cash. He should report them as the employer is in the wrong doing this. Its unlikely that he can get the money back though, remember he hasnt been paying tax, USC etc also. I'm speaking from experience in a similar situation with an employer doing this and NERA getting involved.

Irish_Elect_Eng

As the business seems to pat others the correct wage, do they think that he is illegal and thus not in a position to work legally elsewhere and are exploiting him?

Hollister11

How much would he get after tax if his wages went through a bank account ?

Say he works 20 hours a week. He will probably be taxed at 20%.

Paid in cash:

6*20 = 120 P/W

Paid into bank acc:
6*8.65 = 173 less 20% = 138.4 p/w

So he will be 18 quid better off a week. Which is almost a grand a year.

If it was me i would challenge it

scrimshanker

Holysock wrote: »

Yes he could prove he's working there off the books, but theres no way to prove how much he got paid as it was cash. He should report them as the employer is in the wrong doing this. Its unlikely that he can get the money back though, remember he hasnt been paying tax, USC etc also. I'm speaking from experience in a similar situation with an employer doing this and NERA getting involved.

Cash taken in minus deductions from petty cash minus cash banked. They'd have to explain any non-zero result... Probably to revenue. After all, it's tax fraud...

Mrs OBumble

Hollister11 wrote: »

He will probably be taxed at 20%.

Unlikely. The first 15k or so per year is taxed at 0%.