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Is there a law that an Irish employer needs to pay to any account

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Comments

  • Registered Users, Registered Users 2 Posts: 27,030 ✭✭✭✭Mrs OBumble


    The OP is being discriminated against and the excuses given in responses are that its just too much bother not to discriminate. Try that in other sectors of discrimination... and see what happens.

    They are being discriminated against on the basis of bank-account choice.

    This is not a proxy for nationality - there are plenty of Dutch people who have Irish bank account.

    So it's totally legal. In the same way that they can be discriminated against on the basis of being short, fat, ugly, having an odd laugh, drinking coffee rather than tea, etc.


  • Registered Users, Registered Users 2 Posts: 855 ✭✭✭mickoneill31


    The OP is being discriminated against and the excuses given in responses are that its just too much bother not to discriminate. Try that in other sectors of discrimination... and see what happens.

    Maybe he should go to the UN Human Rights Council.

    In reality, he'll either get an Irish bank account, get paid by cheque or find out that he's still in probation and it won't be extended.


  • Registered Users, Registered Users 2 Posts: 1,426 ✭✭✭Neon_Lights


    The OP is being discriminated against and the excuses given in responses are that its just too much bother not to discriminate. Try that in other sectors of discrimination... and see what happens.

    They are being discriminated against on the basis of bank-account choice.

    This is not a proxy for nationality - there are plenty of Dutch people who have Irish bank account.

    So it's totally legal. In the same way that they can be discriminated against on the basis of being short, fat, ugly, having an odd laugh, drinking coffee rather than tea, etc.
    Add your reply here.
    Sure aren't we all European. Didn't the great Georgie Bush say "Europe great country"


  • Registered Users, Registered Users 2 Posts: 1,462 ✭✭✭Asmooh


    If you don't mind me asking OP where do you work?

    In dublin


  • Registered Users, Registered Users 2 Posts: 1,426 ✭✭✭Neon_Lights


    Asmooh wrote: »
    If you don't mind me asking OP where do you work?

    In dublin

    You sound like you work in Oracle or something?


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  • Registered Users, Registered Users 2 Posts: 1,462 ✭✭✭Asmooh


    You sound like you work in Oracle or something?

    Closeby enough


  • Registered Users, Subscribers, Registered Users 2 Posts: 13,720 ✭✭✭✭antodeco


    Asmooh wrote: »
    Closeby enough

    Google in Eastpoint it is so!


  • Registered Users, Registered Users 2 Posts: 458 ✭✭REXER


    If you don't mind me asking OP where do you work?
    You sound like you work in Oracle or something?
    antodeco wrote: »
    Google in Eastpoint it is so!

    I think that this line of questioning and speculation would be part of the OP's privacy concerns! :confused:


  • Registered Users, Registered Users 2, Paid Member Posts: 35,040 ✭✭✭✭listermint


    Op is employed in Dublin, Works in Dublin and lives in dublin but wants HR to pay into a dutch account.


    Perplexed......


    Your making up excuses at this stage, there are various banks here offering zero fees etc, and privacy is a red herring.

    Some people are only out to make life difficult when they get an idea in their head.


  • Registered Users, Registered Users 2 Posts: 458 ✭✭REXER


    listermint wrote: »
    Op is employed in Dublin, Works in Dublin and lives in dublin but wants HR to pay into a dutch account.


    Perplexed......


    Your making up excuses at this stage, there are various banks here offering zero fees etc, and privacy is a red herring.

    Some people are only out to make life difficult when they get an idea in their head.

    Several of which have at various times had software and system failures as well!


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  • Registered Users, Registered Users 2 Posts: 855 ✭✭✭mickoneill31


    REXER wrote: »
    Several of which have at various times had software and system failures as well!

    Can you let us know which countries banks has the perfect IT system?


  • Posts: 1,654 ✭✭✭ [Deleted User]


    listermint wrote: »
    Op is employed in Dublin, Works in Dublin and lives in dublin but wants HR to pay into a dutch account.


    Perplexed......



    He is employed in the EU, works in the EU and lives in the EU and wants the HR to pay into his account in the EU.

    Not perplexed at all. Illegal discrimination in EU law.


  • Registered Users, Registered Users 2 Posts: 1,426 ✭✭✭Neon_Lights


    REXER wrote: »
    Several of which have at various times had software and system failures as well!

    Can you let us know which countries banks has the perfect IT system?

    I think in this case you're looking for the most SEPA compliant system


  • Registered Users, Registered Users 2 Posts: 855 ✭✭✭mickoneill31


    I think in this case you're looking for the most SEPA compliant system

    Nope. I was replying to Rexers quote about bank hardware and system failures in Ireland. Nothing to do with SEPA. I was wondering which banks he thought had systems that never had any hardware and system failures.

    Although I admit it has nothing to do with the OP.


  • Registered Users, Registered Users 2 Posts: 53 ✭✭ceroc81


    listermint wrote: »
    Op is employed in Dublin, Works in Dublin and lives in dublin but wants HR to pay into a dutch account.


    Perplexed......


    Your making up excuses at this stage, there are various banks here offering zero fees etc, and privacy is a red herring.

    Some people are only out to make life difficult when they get an idea in their head.

    I don't think its unreasonably. For example my "native" bank is offering stock brokering which I haven't seen any Irish bank offer (might have missed it). Each month I transfer a portion of my salary to invest in various stocks and have everything is one place...

    It also complicates managing finances when having to wait 24h (or 2-3 days if transferring near weekends).

    I think its good the EU is pushing through this plan that you should be able to only having to use one bank, regardless where its located (within EU) to pay bills, receive salary, pay groceries etc.

    My "native" bank also manages my pension savings that I've earned up before moving to Ireland so when it comes to choosing banks there isn't much alternatives.


  • Registered Users, Registered Users 2 Posts: 1,426 ✭✭✭Neon_Lights


    I'm just shocked google aren't SEPA compliant ... Unless the OP here are paying contractors through a contract management company


  • Registered Users, Registered Users 2 Posts: 27,030 ✭✭✭✭Mrs OBumble


    OP, I'm thinking you don't know so much about Irish employment law.

    When you start as an employee here, you are on probation. You can be let go with no notice (for the first 13 weeks) and 1 week's notice (for up to one year) - without the employer having to even give a reason for it.

    For this reason alone, making yourself awkward to HR is not a good idea.

    Also, I would suggest that having your salary paid into an overseas account would make you stick out to Revenue, and increase the chance that you'll get an audit.

    Really, you may be cutting off your nose to spite your face here.


  • Registered Users, Registered Users 2 Posts: 1,462 ✭✭✭Asmooh


    OP, I'm thinking you don't know so much about Irish employment law.

    When you start as an employee here, you are on probation. You can be let go with no notice (for the first 13 weeks) and 1 week's notice (for up to one year) - without the employer having to even give a reason for it.

    For this reason alone, making yourself awkward to HR is not a good idea.

    Also, I would suggest that having your salary paid into an overseas account would make you stick out to Revenue, and increase the chance that you'll get an audit.

    Really, you may be cutting off your nose to spite your face here.

    Well, if a company decides that you should leave just because you have a different opinion then they don't deserve to be a company in the first place.

    Anyway, its easy to find and get a new job, its harder for the companies to find someone that actually want to stay


  • Registered Users, Registered Users 2 Posts: 490 ✭✭Rob Thomas


    You just ask the bank to un-prepopulate it.

    The OP is being discriminated against and the excuses given in responses are that its just too much bother not to discriminate. Try that in other sectors of discrimination... and see what happens.

    Its not discrimination or even in the same universe.

    Looking at the earlier posts, I understand that bank transfer is only one of many various ways you can be paid, the option is there to pay by cheque or cash if the employer prefer. What I am saying is that, under the options I have, I would pay him by cheque if he didnt have an Irish Bank account.

    I didnt think that the quoted legislation said that the employee had the right to dictate which way they are paid? Correct me if I'm wrong.


  • Registered Users, Registered Users 2 Posts: 5,969 ✭✭✭hardCopy


    Rob Thomas wrote: »
    Its not discrimination or even in the same universe.

    Looking at the earlier posts, I understand that bank transfer is only one of many various ways you can be paid, the option is there to pay by cheque or cash if the employer prefer. What I am saying is that, under the options I have, I would pay him by cheque if he didnt have an Irish Bank account.

    I didnt think that the quoted legislation said that the employee had the right to dictate which way they are paid? Correct me if I'm wrong.

    The SEPA directive says it pretty clearly.


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  • Registered Users, Registered Users 2 Posts: 490 ✭✭Rob Thomas


    hardCopy wrote: »
    The SEPA directive says it pretty clearly.


    You have me wrong I think. Im not disagreeing with SEPA, but SEPA does not provide a right to an employee on how he/she should be paid. Its only concerned with Banking practices and funds transfers.

    The SEPA directive says that he does not have to have an Irish Bank account, he can have one elsewhere if he wants. That's fine and not what I am saying.

    But the method the employer uses to pay the employee does not have to be a Bank transfer. There are other methods allowed. This is not governed by SEPA.


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


    Asmooh wrote: »
    Well, if a company decides that you should leave just because you have a different opinion then they don't deserve to be a company in the first place.

    Anyway, its easy to find and get a new job, its harder for the companies to find someone that actually want to stay

    Now you just go on right ahead and phone up Sundar Pichai and tell him he doesn't deserve to have you working for him and that there isn't another person who can do your job as good as you do. I'm sure he will realise instantly how lucky he is. On the other hand, as you seem to be a contractor with Google, they might just say "well if this guy can't think laterally and find a way to transfer funds to a foreign account, maybe he isn't suited to the tech industry". Others have stated that there is most likely a bulk upload and foreign accounts may require further attention, the question might be, " why would they bother their arse doing it for you if it is easier to pay it into an Irish account?"


  • Registered Users, Registered Users 2 Posts: 1,462 ✭✭✭Asmooh


    Email from national bank in Ierland
    Dear Mr. M******,



    I refer to your e-mail of 8 December concerning the above.



    On the assumption that your salary is paid in euro, and that the ‘non-Irish account’ to which you would like it to be sent is held with a credit institution located in the EU, then you are correct in stating that your employer should not refuse to do so. The legislation governing the matters to which you refer is contained in EU Regulation 260/2012 (to give it its full title, Regulation (EU) No. 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro); Statutory Instrument No. 132 of 2013 gave effect to Regulation 260/2012 in Ireland.



    The full texts of the Regulation and the related Statutory Instrument are respectively available under the following links:



    http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:094:0022:0037:en:PDF



    http://www.irishstatutebook.ie/eli/2013/si/132/made/en/pdf.



    The sections of Regulation 260/2012 relevant to your query are Articles 3.1 and 9.1, which read as follows:

    Article 3

    Reachability

    1. A payee’s PSP which is reachable for a national credit transfer under a payment scheme shall be reachable, in accordance with the rules of a Union-wide payment scheme, for credit transfers initiated by a payer through a PSP located in any Member State.



    Article 9

    Payment accessibility

    1. A payer making a credit transfer to a payee holding a payment account located within the Union shall not specify the Member State in which that payment account is to be located, provided that the payment account is reachable in accordance with Article 3.



    The Central Bank cannot give legal or financial advice to members of the public, and therefore cannot advise on the payment arrangements you have in place with your employer. I would suggest that you engage with your employer again in this regard.



    I hope that the information above is of assistance to you.



    Yours sincerely



    Elaine Mannix

    Public Contacts Unit


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,685 Mod ✭✭✭✭Stheno


    Asmooh wrote: »
    Email from national bank in Ierland

    Back to HR with you so.

    I assume you mean the Central Bank of Ireland in your post?

    I look forward to you posting how it progresses.


  • Registered Users, Registered Users 2 Posts: 68 ✭✭musicfan1ie


    ceroc81 wrote: »
    I don't think its unreasonably. For example my "native" bank is offering stock brokering which I haven't seen any Irish bank offer (might have missed it). Each month I transfer a portion of my salary to invest in various stocks and have everything is one place...

    It also complicates managing finances when having to wait 24h (or 2-3 days if transferring near weekends).

    I think its good the EU is pushing through this plan that you should be able to only having to use one bank, regardless where its located (within EU) to pay bills, receive salary, pay groceries etc.

    My "native" bank also manages my pension savings that I've earned up before moving to Ireland so when it comes to choosing banks there isn't much alternatives.

    The tax treatment of an employee with a non resident bank account can be complicated for a business, as they have to track residence and domicile. Businesses won't want to set up such complicated processes for paying someone's salary. Simpler to have a standard policy. Where do you draw the line?

    What if I live in Sweden, U.S., Norway, Switzerland? All with different currencies. But my Dutch friend was allowed, says an employee? Some companies might have compliance issues too - data protection, fraud, bribery.

    Put simply, it's not worth the hassle for a company unless you're a senior director


  • Posts: 1,654 ✭✭✭ [Deleted User]


    The tax treatment of an employee with a non resident bank account can be complicated for a business, as they have to track residence and domicile.


    No. Where the bank account is located has little relevance to domicile and anyway this is a matter for the employee and the Revenue to sort out. The company should deduct the amount of tax that they are told to by the Revenue.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,685 Mod ✭✭✭✭Stheno


    No. Where the bank account is located has little relevance to domicile and anyway this is a matter for the employee and the Revenue to sort out. The company should deduct the amount of tax that they are told to by the Revenue.

    Agree with this, it's not an issue.


  • Closed Accounts Posts: 85 ✭✭Log9


    OSI wrote: »
    I don't think you understand what xenophobia means.
    .

    Actually I do. Thanks for critiquing my use of English though. It's extremely helpful.

    Being told up "go home. We don't need people like you taking our jobs" by a woman in a supermarket.

    I'd classify that as xenophobia.


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