Walking out of a job Theoretical

mountainyman

Mick is an electrician.
He is working on a site which is badly run and is stressed out of his tree.
He hears that an aunt has died in England.
She raised him as a child.

He goes to the funeral but never returns to work.
He is paid a month in arrears.

In his employment contract it says that he is to give a months notice.
He pays his own tax and PRSI.

Can he collect the month in arrears if the builder doesn't want to give it to him and what would the relevant law be?

MM

johnnyskeleton

mountainyman wrote:

Mick is an electrician.
He is working on a site which is badly run and is stressed out of his tree.
He hears that an aunt has died in England.
She raised him as a child.

He goes to the funeral but never returns to work.
He is paid a month in arrears.

In his employment contract it says that he is to give a months notice.
He pays his own tax and PRSI.

Can he collect the month in arrears if the builder doesn't want to give it to him and what would the relevant law be?

MM

What date would such a person be paid on and what date would he leave?

Such a person would be paid for the work that they have done if they are an employee. For example, if the person gets paid on the last day of each month and the person leaves two weeks into the next month, the person would be entitled to 2 weeks pay (with perhaps some minor adjustments).

If he pays his own tax and PRSI he might be a self employed contractor, in which case different principles apply, and he would normally be paid for services provided quantum meruit, unless he was contracted for a specific purpose (of which he is made aware) but which is unfulfilled. In that case different criteria apply.

seamus

mountainyman wrote:

He is working on a site which is badly run and is stressed out of his tree.

Not really relevant.

He hears that an aunt has died in England.
She raised him as a child.

Unfortunately there is no such thing as compassionate leave in Irish law. Even if his mother had died, the company is under no obligation to let him go.

He goes to the funeral but never returns to work.
He is paid a month in arrears.

Arrears always screws with my head.

As johnnyskeleton says, we really need to get dates. However, from what you describe, this man is an independent contractor on the building site (he is paying his own Tax/PRSI), therefore standard employment law doesn't apply here.
This is a contractual business agreement between two parties. If one party (the builder) is invoiced for work done, then he is obliged to pay it. However, as the contract required a month's notice before it could be terminated, the builder retains the right to sue for breach of contract. He is still however obliged to pay the outstanding monies (unless it was otherwise agreed in the contract that he could withhold money as personal compensation).

This is the problem with such questions. It all hinges on what the contract says. However I would say that there are thousands of cases like this around the country where a builder is avoiding paying PRSI/PAYE by hiring "independent contractors", but then attempting to treat these people like they were his employees. As such, many terms in these contracts would be unenforceable (such as holiday/leave entitlement) because you can't apply them to an independent contractor.

Victor

seamus wrote:

Not really relevant.
Unfortunately there is no such thing as compassionate leave in Irish law. Even if his mother had died, the company is under no obligation to let him go.

There is compassionate leave in the Construction Industry registered Employment Agreement and there is also force majeur leave under employment law.

For the contractor not showing up again, it might be argued that the contract is frustrated on medical grounds.

seamus

Victor wrote:

There is compassionate leave in the Construction Industry registered Employment Agreement and there is also force majeur leave under employment law.

Force majeur entitlement doesn't include the death of a close family member, only their illness.

Odd, I know.

IncredibleHulk

Victor wrote:

there is also force majeur leave under employment law.

QUOTE]

Force majeur leave does not apply in the circumstance of death. This is what I was told when i researched it for a friend whose dad was dying and was told they would not be entitled to/paid for time off for funeral etc

This is not legal advice I am just posting what I recall

mountainyman

Lets assume for the purposes of discussion that.
Mick is a self employed carpenter paid by invoice.
His final invoice covered the 1 Aug 2007 through to 31 Aug 2007.
He charges per day and the invoice was issued on the 31 of Aug.

Then on the 1st September he hears about his Aunt in Liverpool and heads over.

Thanks

MM

nb. What about the depression angle?

johnnyskeleton

mountainyman wrote:

Lets assume for the purposes of discussion that.
Mick is a self employed carpenter paid by invoice.
His final invoice covered the 1 Aug 2007 through to 31 Aug 2007.
He charges per day and the invoice was issued on the 31 of Aug.

Then on the 1st September he hears about his Aunt in Liverpool and heads over.

Thanks

MM

nb. What about the depression angle?

Then he would be entitled to payment on the Final invoice for the month of august. Nothing further.

mountainyman

Mick contacts his former employer demanding payment but is told that he is breach of contract by walking out of the job.
Advise Mick.

(Hypothetically)

MM

Our man in Havana

Seek legal advice.

mountainyman

Good advice Bond.

cycleoin

paying his own tax would be indicative of a person being self employed, readymix v min. for pensions.

If a person is self employed then it is very easy to collect the money owed, issue a civil summons for a liquidated debt. easy peasy, work was done, payment not forthcoming.

If there is a contract of employment which states the person is an employee then the employer is obliged to, amongst other things, deduct paye at source. If employee then an EAT appeal.

Our man in Havana

It seems it is a very grey area in the building trade. People who are effectively employees are down as self employed. The only reasoning I can see to to avoid PRSI payments and pension contributions.