Employer has not paid PAYE/PRSI/USC nn my behalf

Evd-Burner

Hi All,

I am in a bit of a predicament with work at the moment, I work for a company that stated up 3 years ago. In that time I have not received a payslip or a p60. For the first 2 tax years they paid my relevant contributions and I confirmed this with revenue. However they never submitted a p35 for 2014, I discovered this 1 month ago when I was preparing documentation to go to family court.

I know that my employer is legally obliged to give me a p60 and monthly pay slips but no matter how many times I ask and raise the issue it never gets sorted.

I am paid monthly via bank transfer. My question is would I be within my right to leave without notice due to the fact that they have not made the necessary contributions?

I am also wondering where I would stand in the interim of getting a new job in regards to social welfare.

Thanks in advance.

GerardKeating

Evd-Burner wrote: »

Hi All,

I am in a bit of a predicament with work at the moment, I work for a company that stated up 3 years ago. In that time I have not received a payslip or a p60. For the first 2 tax years they paid my relevant contributions and I confirmed this with revenue. However they never submitted a p35 for 2014, I discovered this 1 month ago when I was preparing documentation to go to family court.

I know that my employer is legally obliged to give me a p60 and monthly pay slips but no matter how many times I ask and raise the issue it never gets sorted.

I am paid monthly via bank transfer. My question is would I be within my right to leave without notice due to the fact that they have not made the necessary contributions?

I am also wondering where I would stand in the interim of getting a new job in regards to social welfare.

Thanks in advance.

Don't leave without notice, might not look good for next employer.

seamus

Evd-Burner wrote: »

I am paid monthly via bank transfer. My question is would I be within my right to leave without notice due to the fact that they have not made the necessary contributions?

No, they're two separate matters.

I am also wondering where I would stand in the interim of getting a new job in regards to social welfare.

If your employer has not been paying your PRSI/USC then this will affect your insurable weeks and you may not have enough to claim social welfare.

Also worth noting that if you voluntarily leave a job you have a longer wait period (9 week?) before you can claim social welfare.

You really need to find out what you status is from Revenue. You are liable for all unpaid tax, not your employer.

P. Breathnach

seamus wrote: »

... You are liable for all unpaid tax, not your employer.

Not if the employer has deducted it.

It's messy without payslips, but the treatment of pay in earlier years would be helpful to OP's case.

Evd-Burner

My employer has been deducting tax from me since day one.

I met with my employer today and confronted them over the tax problem, basically the company is running out of money and they were hoping that a few sales would pull through in order to pay for a number of expenses including my taxes.

I handed in my notice today, I can't take the risk of the company going under and me being left in the lurch after a maintenance order being put in place. I don't think it will take too long to get another job as I have good experience and there seems to be lots of IT work out there.

My employer also stated that they will organise to pay the tax within the next few weeks but I highly doubt this will happen.

Where will I stand with social welfare, I mean I don't have much of a choice other than to leave considering they haven't paid my tax and are unwilling to give payslips and p60's.

whippet

Evd-Burner wrote: »

My employer has been deducting tax from me since day one.

I met with my employer today and confronted them over the tax problem, basically the company is running out of money and they were hoping that a few sales would pull through in order to pay for a number of expenses including my taxes.

I handed in my notice today, I can't take the risk of the company going under and me being left in the lurch after a maintenance order being put in place. I don't think it will take too long to get another job as I have good experience and there seems to be lots of IT work out there.

My employer also stated that they will organise to pay the tax within the next few weeks but I highly doubt this will happen.

Where will I stand with social welfare, I mean I don't have much of a choice other than to leave considering they haven't paid my tax and are unwilling to give payslips and p60's.

There is a bit of a contradiction going on here ... you are leaving under the guise of it being too risky to be working somewhere which might go bust ... so rather than risk unemployment you are choosing unemployment?

You can always look for a new job while still working and when you secure a new job then it is time to jump ship.

Also, speak with revenue about this issue and find out for sure what your status is

Evd-Burner

whippet wrote: »

There is a bit of a contradiction going on here ... you are leaving under the guise of it being too risky to be working somewhere which might go bust ... so rather than risk unemployment you are choosing unemployment?

You can always look for a new job while still working and when you secure a new job then it is time to jump ship.

Also, speak with revenue about this issue and find out for sure what your status is

You see my problem is in regards to family law court. I was in court the other day for access and maintenance for my kids, access was sorted but the judge was not happy that I did not have p60's or payslips. She requested I come back in two weeks with the necessary documentation before she will put a maintenance order in place. I had suspicion that my boss may not have been the taxes so I decided to contact revenue yesterday and they confirmed my suspicion.

I have always paid a fair amount of maintenance without a court order, but once I went for access she decided to go for maintenance as well. My problem lies with the fact that my company isn't doing well at all and will likely close in the coming months. If a maintenance order is put in place and I am left jobless it will be up to 6 months before I could get back into court to vary the maintenance amount.

I have some savings and will continue to pay maintenance from that until I get another job. To be honest I'm not happy in the company I'm in anyway, I am the only full time employee left except for the owner of the company. I should be easily able to earn more elsewhere with the experience I have.

whippet

Underneath all this it seems you want to be unemployed at the court date to try and plead the poor mouth at a maintenance hearing?

If that is the case it's terrible bad form.

Will you go back to court when you get a new better job and offer for a new maintenance hearing to factor in newer better circumstances?

Pat Mustard

Evd-Burner wrote: »

Where will I stand with social welfare, I mean I don't have much of a choice other than to leave considering they haven't paid my tax and are unwilling to give payslips and p60's.

Your employer is messing you around.

It may cause difficulties at work if you do this but you already asked about leaving, so I don't know if that is a priority for you but you should report this matter to the Revenue Commissioners if you want to get it sorted out.

Telephone the Revenue Commissioners, PAYE section, and explain your position. They should be able to put you in contact with the relevant staff member who carries out enforcement of these matters with employers.

Evd-Burner

whippet wrote: »

Underneath all this it seems you want to be unemployed at the court date to try and plead the poor mouth at a maintenance hearing?

If that is the case it's terrible bad form.

Will you go back to court when you get a new better job and offer for a new maintenance hearing to factor in newer better circumstances?

This isn't the case at all, I have no problem paying maintenance and as previously stated I will pay the same maintenance I have been currently paying each month using the saving I have, the judge already looked at the maintenance and stated she seen it to be fair, but that she couldn't make an order without the documentation she requested.

Pat Mustard wrote: »

Your employer is messing you around.

It may cause difficulties at work if you do this but you already asked about leaving, so I don't know if that is a priority for you but you should report this matter to the Revenue Commissioners if you want to get it sorted out.

Telephone the Revenue Commissioners, PAYE section, and explain your position. They should be able to put you in contact with the relevant staff member who carries out enforcement of these matters with employers.

I contacted the revenue yesterday and they said I need to write a letter into them explaining the situation and provide them with a copy of my contract and bank statements to show the amount I have been paid each month.

Does anybody know where I will stand with social welfare?

Carawaystick

If you leave, you've 9 weeks before you get Jobseekers benefit.

If you win a constructive dismissal case, you might eventually get the dole for those 9 weeks paid, but it'll be a year or 2 down the line.

Fred Swanson

This post has been deleted.

Evd-Burner

Carawaystick wrote: »

If you leave, you've 9 weeks before you get Jobseekers benefit.

If you win a constructive dismissal case, you might eventually get the dole for those 9 weeks paid, but it'll be a year or 2 down the line.

Fred Swanson wrote: »

This post has been deleted.

Thanks for the info guys, I'm hoping that they will see the situation I was in and I don't have to wait 9 weeks. Although I reckon I'll probably have another job within a week or 2.