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holiday pay

  • 20-08-2015 9:54pm
    #1
    paddymac54
    Registered Users, Registered Users 2 Posts: 4 ✭


    Hi
    A friend has been working for nearly 9 months with an employer. He was receiving cheque & cash weekly and was told he was on the books. It seems that the employer is only putting him down for the cheque amount and not the rest. He recently took holidays but the employer only paid him the cheque amount for the week’s holiday. Is the employee entitled to the full amount of holiday pay?
    Tagged:


Comments

  • #2
    mickmackmcgoo
    Users Awaiting Email Confirmation Posts: 950 ✭✭✭mickmackmcgoo


    Is he getting a wage packet showing prsi payments and usc deductions etc


  • #3
    paddymac54
    Registered Users, Registered Users 2 Posts: 4 ✭paddymac54


    yes, but the employer is not putting through the full amount


  • #4
    mickmackmcgoo
    Users Awaiting Email Confirmation Posts: 950 ✭✭✭mickmackmcgoo


    Well he could go to NERA or citizens advice but the downside is he could lose his job since he is less than a year there. Tough one for him to know how to handle it


  • #5
    paddymac54
    Registered Users, Registered Users 2 Posts: 4 ✭paddymac54


    yeah, I think he will have to seek further advise. Thanks Mick


  • #6
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    paddymac54 wrote: »
    yeah, I think he will have to seek further advise. Thanks Mick

    He will also have to pay tax on the cash amount which may cost him more than the pay he was short during his holiday. I can't see the benefit of the employer paying part cheque, part cash, if anything the employer is losing out in this arrangement and your friend is benefiting. As above, your friend may be out of a job and if he contacts revenue, your friend will be taxed on the cash.


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  • #7
    haveringchick
    Closed Accounts Posts: 1,380 ✭✭✭haveringchick


    Your friend can't prove that he worked any more hours than his payslips state so there's no point complaining to NERA.
    When you collude with your employer to defraud the state you can't expect to enjoy the protection of employment law legislation.


  • #8
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    davo10 wrote: »
    I can't see the benefit of the employer paying part cheque, part cash, if anything the employer is losing out in this arrangement

    Two employer benefits are possible:

    Lower employer PRSI rates for low-paid workers.

    Also, if the employer's taking are in cash, and he uses some of this to pay workers under the table, then it's likely that the cash is being totally hidden from Revenue.



    As stated, no legal right to holiday pay on under-the-table amounts.

    I'd be looking for another job: dodgy on this probably means dodgy on other stuff too.


  • #9
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Mrs OBumble wrote: »
    Two employer benefits are possible:

    Lower employer PRSI rates for low-paid workers.

    Also, if the employer's taking are in cash, and he uses some of this to pay workers under the table, then it's likely that the cash is being totally hidden from Revenue.


    As stated, no legal right to holiday pay on under-the-table amounts.

    I'd be looking for another job: dodgy on this probably means dodgy on other stuff too.

    Employers prsi is around 10% of cash payment, but full amount could be offset against overall tax liability for employer which would reduce amount owed to revenue by more than the 10% of the cash. Op, your friend should know the benefits and drawbacks of being paid in cash, asking about his/her "rights" is a bit much when as the above poster said, you are defrauding the taxman.


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