Unpaid for Work done

broken sink

I recently did 13 days work as a General Operative for a small electrical contractor. I have real concern I am not going to be paid for my time. If this comes to pass are there any steps I can take to get the money that is owed to me paid ? Is there any organization I can contact ?

Strumms

What did you agree regarding pay, as in

1) the amount

2) their manner of paying you

broken sink

https://www.boards.ie/discussion/comment/118330178#Comment_118330178

We agreed an amount of 18 euro per hour. There was no agreement as to how I was going to be paid at the start. At the end of the job he said the money was going to be paid into my account and he would he would hold back 20% for Tax as he had set me up as an RCT and that is how the Tax would be handled.

Sunny Dayz

so you worked as a subcontractor for them? Have you invoiced them? Did you specify credit terms, if any?

broken sink

https://www.boards.ie/discussion/comment/118330634#Comment_118330634

Yes and we did not specify credit terms. I have not invoiced him yet. He wants the invoice in a certain format and he said he would send on an example which I would fill in. He has not done this yet. He is not engaging in communication. I sent him a message outlining my concerns about being paid and he has not responded. Maybe he will pay but the vibe I am getting is not good.

My main question is If my worst fear comes to pass is there any way I can chase him for the money owed. In these situations is there any equivalent of the small claims court ?

bucketybuck

He is certainly not going to pay an invoice he hasn't received yet.

Send him an invoice and if he doesn't pay it take him to court.

Whether the invoice is in a format that suits him is a courtesy, not a requirement.

manonboard

He could be delaying the example of the invoice so that he can then claim later that he hasnt even received an invoice.

Listen OP, you can find examples of invoices available on the web that you can copy. It doesnt need to be in any particular format. Everyone has different format. I dont know about those tax hold backs. I work as a sole trader so i handle my own tax.

You can bill him with any invoice format that has the reasonable information attached such as service provided, per hour cost, number of hours.

Your address, his name, your name, and a bank account to paid into.

If he doesnt pay, initiate a small claims court against him. They are pretty cheap and simple to do. I think it will cost you 25 euros. He will pay up before it happens to avoid missing a day of work that he will lose judgement to anyways. If he fails to show up, you win by default.

Do you have his email or just his text number? Either way, both are written proof of things. So send the invoice to him in every channel available.

Deeec

• As a subcontractor you have to be registered with Revenue as self employed. Are you registered with Revenue? You are going to have to file an annual tax return also
• He cant pay you until he gets an invoice. Send him the invoice today - he doesnt get to specify the format of the invoice. The invoice must state on it though - VAT to be accounted for by Principle contractor ( for a subcontractor invoice)
• As a subcontractor submitting an invoice he may not pay you straight away - he may put off payment for a month or two ( this would'nt be unusual with a subbie deal)
• Do you do subcontract work for other contractors - if not than for this small amount of money have a chat with him and come up with another payment plan.

broken sink

https://www.boards.ie/discussion/comment/118330872#Comment_118330872

Thanks, I will do what you say. It is good to know the small claims court is an option if I don't get paid. Yes I have both number and email.

Deeec

https://www.boards.ie/discussion/comment/118331291#Comment_118331291

If you are a subcontractor I dont think you can make a claim through the small claims court - as far as Im aware it is more for consumer complaints.

Also can you prove you done the work if it comes to the worst and he doesnt pay you.

cml387

I don't want to be too negative, but waving around a threat of court is not very useful. It will be costly, you might win but he still has to actually pay up.

Best to stick to making a nuisance of yourself. Keep calling him. Call in person. Make it easier for him to deal with you than have all this hassle.

And send him an invoice at the very least.

broken sink

https://www.boards.ie/discussion/comment/118330944#Comment_118330944

First of all some positive news. The contractor replied yesterday and requested the invoice money to follow.

@Deeec, some background which will answer your questions. Anybody that reads my first post would think I was a subcontractor but anything could not be further from the truth. I am not a subcontractor and I don't subcontract for others. I am not registered as a subcontractor either. I am from a PAYE background and was made redundant in 2020. I spent most of 2021 looking after my mother who had a fall in at the beginning of the year. The Situation at home had improved so in November I moved to Dublin to a relatives apartment. I started looking for a temporary Job(s)that would bring me up to christmas and see how the situation at home would progress. My mother had moved in to my sisters. 

Coming into 2022 my goal was to do some work, take some time off between jobs and allow my mother to live at home those weeks or if had a permanent job that would allow me to take unpaid leave of a week a month as example. That would be ideal.

Before I started the last Job I did a half days work for somebody and he has not paid me but I was foolish to take that job. That was one of the reasons I was concerned for the bigger job but I am confident now I am going to be paid.

broken sink

Paid in full no issues straight up.

Deeec

https://www.boards.ie/discussion/comment/118358072#Comment_118358072

Thats great news broken sink. Thanks for coming back and letting us know. Nice to see some good news