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Covid19 Payment P45s Break in service

  • 17-04-2020 2:37pm
    #1
    Fionne
    Registered Users, Registered Users 2 Posts: 392 ✭✭


    My employer issued P45s for the entire staff when the lockdown was announced. He claims Revenue instructed him he had to do this in order that staff could claim the €350 Pandemic payment. I only became aware of the P45 being issued yesterday.

    My worry is that I have worked there 21 years. Does the issuing of a P45 not mean a break in my service record? I am concerned that if redundancy comes into play at any point in the future it will only be calculated beginning when we return to work.

    I can find nowhere on Revenue website saying employers had to issue P45s. I sent them an enquiry through MyAccount and they replied:

    "A cessation of employment does not negate all that went before. People change or cease employment all the time. It does not affect the PRSI stamp contributions you made every year. It simply means that this job, at this time has ceased, whether temporarily or not."

    That doesn't really answer my question so I'm still in the dark. I'm suspicious that my employer is pulling a stroke on all of us.

    I also contacted Citizens Advice, they referred me to the WRC who said they have heard of other employers doing this but say it's not necessary and we could take a case up with them in the event of redundancy.

    I also emailed my local TD and his secretary said no way were P45s required to get the €350 payment, ditto the local Social Welfare Office said the same.

    Anyone got any advice?


Comments

  • #2
    splinter65
    Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    If your employer tries to stiff you for this in any further claim you would have for redundancy the WRC would come down on him like a ton of bricks. Please don’t worry about it.


  • #3
    2Mad2BeMad
    Registered Users, Registered Users 2 Posts: 2,792 ✭✭✭2Mad2BeMad


    Don't worry OP

    sounds weird what hes doing (or trying to pull a fast one?) but it won't work.

    I think its even stated somewhere that any short term/temp lay offs from this coronavirus won't impact redunancy incase of a break in the contract in the future.


  • #4
    lughildanach
    Registered Users, Registered Users 2 Posts: 150 ✭✭lughildanach


    There are no P45s anymore. However, it may well be that the employer has removed all staff from payroll. This doesn't mean that their employment has ended, it just means that the employer has stopped paying them and doesn't know when he will start paying them again. It sounds like it could be temporary lay off, which does not break service. Temporary lay off is a temporary suspension of the contract. If the employer then wishes to make the employee redundant, they have to re-engage the contract. The lay-off period will not count towards service, but it will not break service either.

    If the employees have any concern that their employment has been terminated or they have been redundant, they should ask their employer to confirm the position.


  • #5
    tina1040
    Registered Users Posts: 478 ✭✭tina1040


    For the temporary suspension, does the employee have to be removed from the payroll .ie show as left?


  • #6
    tina1040
    Registered Users Posts: 478 ✭✭tina1040


    Do employees have to be ceased from payroll to receive the pandemic payment? Or can they be left of the payroll but with zero pay?


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  • #7
    lughildanach
    Registered Users, Registered Users 2 Posts: 150 ✭✭lughildanach


    tina1040 wrote: »
    Do employees have to be ceased from payroll to receive the pandemic payment? Or can they be left of the payroll but with zero pay?

    Depends on whether the employer expects to resume employment, and when. If for a short period, it is reasonable to leave them on the payroll with zero pay. For casual workers the period allowed by Revenue is 3 months. I imagine much more flexibility will be shown in the current crisis. However, there is no harm done by entering a cessation date, it can easily be resumed when pay re-commences.


  • #8
    antix80
    Registered Users, Registered Users 2 Posts: 2,419 ✭✭✭antix80


    Your employer still has obligations. If your job is gone you'll still be entitled to redundancy and if it's not he'll have to take you back on same terms- length of service intact.

    When the lock down was announced there was confusion over covid payments which is possibly the reason he "issued p45s".


  • #9
    lughildanach
    Registered Users, Registered Users 2 Posts: 150 ✭✭lughildanach


    antix80 wrote: »
    Your employer still has obligations. If your job is gone you'll still be entitled to redundancy and if it's not he'll have to take you back on same terms- length of service intact.

    When the lock down was announced there was confusion over covid payments which is possibly the reason he "issued p45s".

    If anyone is concerned that their lay-off may be permanent rather than temporary, they should seek clarification from their employer.


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