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Bonus pay not paid.

the whole year inn

Basically I worked 2 weeks last year during my holidays I aggred with the business I would be paid. The business paid my employer but my employer never paid my.

I am chasing up this but there very slow it's now 12 months late.

My next step is to file a complaint is there a better business bureau I can file a complaint.

They haven't said they won't pay but after multiple times trying to get this paid and after 12 months I need to move this along.

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[Deleted User]

You worked for someone other than your employer, whilst on annual leave? Did your employer know at the time, and why did the business pay your employer instead of you?

blackbox

Agency worker?

the whole year inn

Sorry I didn't explain it correctly.

I work for a company who contract me to another business.

I have a contract with the business for a year.

I organised with the business that I would work though part of my holidays. The business paid my company but I never got the payment.

ted1

https://www.boards.ie/discussion/comment/122303392#Comment_122303392

did your company approve the work? Would it be considered overtime ?what is the policy with regards staff not taking holidays and working it instead ?

the whole year inn

That company never complained about working the extra days, all our money comes from the business and the company pays me.

Deeec

https://www.boards.ie/discussion/comment/122303392#Comment_122303392

Why did you take annual leave if you planned to work anyway. That makes no sense. You should have just cancelled your leave.

The person who does your payroll probably has recorded you as being on annual leave and paid you for this and is unaware you worked it. Have you explained yourself properly. Its probably best not to call it a bonus either to avoid confusion.

the whole year inn

The company understands completly.

I just need to know if I was to make a complaint about the company who could I make that with?

Mrs OBumble

If you are an employee then the Workplace Relations Commission is who to complain to.

https://www.workplacerelations.ie/en/

the_amazing_raisin

https://www.boards.ie/discussion/comment/122303678#Comment_122303678

If you're in a union then that would be the first point of call. After that it might be time to talk to the WRC

Did your employer agree to pass along the extra payments to you? I know a few people who have been contracted out at an hourly rate but were salaried employees

So when they worked overtime their employer was paid extra but they got nothing. They fought back against it and got an agreement for overtime when they were asked to put in extra hours

They still only got a percentage of the additional income their employer got. I'd personally be quite reluctant as a contractor to put in extra time unless you were being paid extra, but I also understand that you don't want to piss anyone off or else you'll get your contract terminated

Deeec

https://www.boards.ie/discussion/comment/122303678#Comment_122303678

Are you sure they understand - If you are going to them and asking when your bonus will be paid they are probably wondering what the hell you are talking about! - no offence but you havent explained the situation well here so Im not confident that you are getting the message across well. You have to go and speak to whoever does the payroll and explain properly that you had agreed to be paid extra for those 2 weeks. They possibly may think you are owed time in lieu.

the_amazing_raisin

Also, one niggle with the thread title. This isn't about a bonus, it's about overtime

A bonus is extra pay for hitting certain agreed targets, individually or as a company or both

You did extra work on an agreement that the company you're contracted to would pay additional money and that would be passed to you by your employer (at least in part)

My understanding is that your employer has been paid the extra money and has not passed it along to you

So I'd say it's a case that you weren't paid overtime

the whole year inn

Ok I admit the thread title is not correct.

But the company is well aware of the situation now. It's been 12 months and there not saying they won't pay or that I done anything wrong but instead not replying when I look for updates.

They pawn me off saying there following up with someone and then no update or reply on the matter.

AnnieinDundrum

so basically you agreed to work through your annual leave? Assuming your annual leave was to be paid then you are owed overtime, ie the same pay again for the annual leave weeks.
talk to the payroll manager, it could be that like the instruction to pay you wasn’t processed properly.
however can you NOT take annual leave and get extra pay instead? I didn’t think that was an option anymore

the_amazing_raisin

https://www.boards.ie/discussion/comment/122303863#Comment_122303863

There's some industries where employees are forced to take annual leave, the finance industry being the one that comes to my mind. The story I heard was some trader basically lost millions partly because he hadn't taken any holidays for years and his brain was fried from stress

Many companies will also insist employees take leave, particularly where the employees are unionised. Basically they just want to be sure there's no grounds for a WRC claim

I don't know the full story, but what may have happened is the OP had holidays booked and was asked to reschedule or cut them short because of some deadlines or something

I've seen staff get offered extra time off as compensation and contractors offered extra money if it happens

Agree that the OP should ask their company payroll directly if possible. It's quite likely the message got lost somewhere between their manager and payroll

AnnieinDundrum

our company has a policy that annual leave MUST be taken, you can’t get extra pay for working it and we were told it was to do with working time directive, I didn’t question it as it’d never apply to me 😀

Jim2007

https://www.boards.ie/discussion/comment/122303392#Comment_122303392

You are still not explaining correctly or perhaps not understanding it correctly…..

As I understand it you are employed by a company who in turn has a contract with a client that you are assign to work for. But you have no contract with their client despite the fact that you for some reason agreed with the client to work for them while on holidays from your employer….

If you wish to make a claim for unpaid wages then you should go down that line and that line alone. Remember that everyone is entitled to their good name and companies tend to take this very seriously so before you start make any kind of complaint you would be well advised to consult a solicitor.

afatbollix

https://www.boards.ie/discussion/comment/122304115#Comment_122304115

It was because they were hiding stuff. The only person who was doing the books and was covering it all up. Easier to spot a cover-up when they are on holiday as someone else is looking at them for 2 weeks.

So now it's standard across the industry that you have to take 10 working days in a row at least once a year.

Ted222

https://www.boards.ie/discussion/comment/122304264#Comment_122304264

If it’s from last year, you’re out of time for a complaint to the WRC. A six month deadline applies except for exceptional circumstances, beyond the threshold of anything you’ve presented here.

cml387

The working time directive forbids payment for holidays not taken. It was always one of the big issues when I was a supervisor of getting people to take their damned holidays. People tend to hang on to holidays "just in case" and then we had to run them down as the year came to an end.

AnnieinDundrum

that’s what I thought. Use it or lose it is what we are told.

Jim2007

https://www.boards.ie/discussion/comment/122304430#Comment_122304430

They could still take a claim through the courts, but it is hard to say what is really going on here. The OP seems to have made an arrangement with the client to continue working while tell his employer that he was on annual leave… I'm not sure how you'd present that in court…..

Oscar_Madison

https://www.boards.ie/discussion/2058357295/bonus-pay-not-paid

It doesn’t matter what you agreed with “the business”- it’s your employer who pays you - if you didn’t obtain your employers permission to do this work, then why should they pay you?

Martin567

https://www.boards.ie/discussion/comment/122305558#Comment_122305558

If the employer has been paid by the client for this extra work they would have had to include the time on the relevant invoice.

If this is the case, the employer has to be well aware of the situation.

JVince

I don't think anyone understand the OP - and its quite easy.

Tons of companies employ contract staff - from very highly skilled consultants contracted from PWC / EY etc to Nursing home staff.

Very normal for a company to ask if someone on contract could work an extra few days especially if its to cover a holiday or to get a project completed or because someone is suddenly off sick.

Company checks with the person on contract if they are available and if they would like to do it. Company then contacts the agency to confirm and to get it added to the services invoice. Totally normal humdrum situation.

Agency employee would then put in a claim for those extra hours and the payroll clerk adds these. In many cases you are then double paid for the period - holiday and work. In some case you take time off to replace the holidays at a later date. That possibly is covered in terms and conditions.

Solution is to read though your terms and conditions of employment and see what it falls under. Then make a claim to payroll based on that information. It may simply be an extra 2 weeks holiday

Deeec

https://www.boards.ie/discussion/comment/122305597#Comment_122305597

Not necessarily. Some companies would invoice a customer over 12 months for that service - ie 52 weeks including leave. Annual leave for the employee is built into this contract. So its possible the company invoiced the customer for the normal 4 weeks work but the employee wants to be paid for 6 weeks work. The company still may not be aware that the employee actually worked it and may not have actually charged for it.

What should of happened to avoid confusion was the employee should have cancelled his leave and took it at another time which suited the business the OPs employer has the contract with.

OP really needs to sit down with his direct manager, the person who does the payroll with communication from the business he done the work for that he did actually work.

Mrs OBumble

https://www.boards.ie/discussion/comment/122305558#Comment_122305558

Agreed.

That's why I'd suggest the OP calls / emails WRC directly: it may be that the OP has done something very unwise here (agreeing hours directly with the client instead of letting the agency do it).

This sort of situation is why agencies have "no discussing hours" rules: the worker can agree to something which is so illegal that the employer just cannot pay them for it.

Jim2007

https://www.boards.ie/discussion/comment/122305725#Comment_122305725

I don't think the OP understands the nature of the relationship and unfortunately it could be an expensive lesson.