Employer asked me to work without a contract

Maggie007

Hi. I recently started a new job. At the interview I was informed I'd work as a relief worker until September and from September as a part time staff. I've worked 2 days plus a trail day before that. At the end of the second day the owner said to me that she can't put me "in the books" . I was very confused at first. She said she wouldn't give me a contract as I'm only relief staff and we could only sign one in September. This obviously made no sense to me mainly because her explanation was she would have to write a guaranteed no of hours in the contract and she can't do that as I'm only to cover holidays and absence etc, I told her she didn't as I was employed as a relief staff before. She also told me if there was an inspection I could say I'm on work placement. I'm not to sure what to do. I was really excited about this job until that conversation to which we are meant to go back next week to work something out. I was really let down by her trying to pressure me into working without a contract and I'm not sure what to expect when we return to this conversation. I also don't really understand why giving me a contract is such a problem?are there high costs for her that she is trying to avoid?

Penny Tration

If she's not putting you "on the books" and is telling you to lie during inspections, she's most likely evading tax by not registering you as an employee with revenue.

This will absolutely affect you. Your taxes won't be paid, and you will be liable for some of it (your share, not hers). It won't show up with Revenue as paid work, which can hinder things with getting social welfare.

looksee

It looks as though you have got yourself a summer job, and even then only on occasional days. I would not depend on there being even part time in September. Presumably you are a student? Look around for an actual summer job and keep your eyes open for something permanent.

In the meantime you don't owe this person a thing; they will not be paying your prsi or sorting your tax - if they can ask you to lie about being on work experience they cannot be trusted to do anything properly.

Why are they doing it? They will not be paying insurance for you, they have no responsibility towards you, they can employ you or not depending on whether they need you, they will just mess you about till its too late to get another summer job.

duploelabs

You're also not covered by any insurance if you're not contracted

Mrs OBumble

duploelabs wrote: »

You're also not covered by any insurance if you're not contracted

Insurance for what?

If you hurt yourself or a customer, you'd be described to the employer's insurance as a person there on work experience, and therefore I'd expect you to be covered.

OP, how much are you likely to earn this year? If it's less than 18k, then you don't have to pay any tax anyway (though you do have a duty to declare all your income.)

Is this some kind of chain, where there's a limit on how many people they are allowed to employ?

Maggie007

Mrs OBumble wrote: »

Insurance for what?

If you hurt yourself or a customer, you'd be described to the employer's insurance as a person there on work experience, and therefore I'd expect you to be covered.

OP, how much are you likely to earn this year? If it's less than 18k, then you don't have to pay any tax anyway (though you do have a duty to declare all your income.)

Is this some kind of chain, where there's a limit on how many people they are allowed to employ?

I would not earn more than 18k. It's a private business and there definitely is no limit on how many people can be employed. I think she's just trying to avoid extra costs but I just didn't tthink that these costs are worth risking her reputation. She said she will give me a contract from September as I would only have guaranteed weekly hours from then. She also said we could sign that contract now so that I don't think she's trying to trick me. I'm just a bit confused, and not sure if it's a risk worth taking.

stoplooklisten

Pretend to be on work experience, lie to inspectors, no contract, a wishy-washy boss. This will end badly and cost you money. I question is it from experience she knows all the tricks to pull

Mrs OBumble

stoplooklisten wrote: »

Pretend to be on work experience, lie to inspectors, no contract, a wishy-washy boss. This will end badly and cost you money. I question is it from experience she knows all the tricks to pull

I'd say you are right there.

It's really weird that she will give a contract from September, but not from now.

In general, paying under the table is an indicator of a dodgy business.

If this was a full time job, I'd say to steer clear of it, because of the lack of welfare contributions and the potential consequences in a couple of years fif you became unemployed or sick.

But a student job, though, with promise of a real contract from September, it's less clear cut: it is the employer not the OP who is breaking the law (provided the OP declares their income to revenue). So I guess my reaction depends on the availability of other jobs ...

Maggie007

So we talked today and she played stupid, said didn't know relief staff had to get contracts. She said she was going to get one for me as soon as she talks with her accountant. I have a feeling she will deleay this as long as she can, but anyway she is giving me a contract now and now I'm just wondering how long should it take for her to put me in the system? It should be a matter of days not weeks right?

stoplooklisten

Something that's been puzzling me.

What inspectors? Is it a highly regulated area you work in? or is it a food place and that's to explain lack of food hygiene/haccp training.

Mrs OBumble

Ya know, she might really be dumb! That would explain her approach like nothing else does.

Inspectors would be if anyone from Revenue or Nera asked questions. Does happen occasionally.

Maggie007

Thanks for all the advice. All is fine now, she must have realized she made a mistake and all is good now.

youandme13

Don't suppose it's a childcare job..!! Yes relief staff stil have a right to contracts I worked as relief a few years ago and all my contract said regards hours was '4-40 hours per week, depending on business needs' that's all that would have to be written!