Boss wants me to con social welfare.

LegacyUser

Hi,

I am in a really sticky situation at work and was wondering if anyone had any ideas or thoughts on what I should do.

Basically the business I am working for is going through a pretty rough period at the moment, like the rest of the country. We are still making enough to pay the bills, pay the wages etc but it is really tight. We used to employ 5 staff but that has bben cut to just 2, me and the owner, i do on average 35 hours per week paid for. I also do about another 10 hours work unpaid for per week, just things like being on call, doing lodgements, etc that I am not paid for. I am not cribbing about his, I am very glad to still have a job in the current climate and know that me putting in these extra hours is helping keep the business afloat.

My problem is that recently my employer suggested to me that I claim Job Seekers Benefit. He says he will pay me for an "official" 3 day week, and that I can claim for the other 2 days from Social welfare. I will still be working 5 days a week. He will be paying me 3 days "officially", 2 days "under the books" and I will be claiming for the days I am not "officially" working anymore.

I do not want to do this, it goes against my moral code. I have never claimed social welfare, i certainly dont want to start when I am not even entitled to it. My problem is that I fear that if I dont go along with this, the business will close. My boss is quite temperental, he would see my refusal to accept his proposal as disloyalty (ridiculous i know) and close the store with immediate effect. I would definitley lose my job. Is there anything I can do? Any thoughts anyone?

mood

I wouldn't do anything illegal. Why doe he think it is a good idea?

Tell him you have a nosey neighbour or friend or cousin who work for the social welfare and fear being reported. Tell him they reported someone before etc. That should shoot him up.

eejoynt

you would also as the law says taint your contract.
this means that if your employer dismissed you you would have no recourse- similarly you would in effect contract out of any rights under labour law

mood

eejoynt wrote: »

you would also as the law says taint your contract.
this means that if your employer dismissed you you would have no recourse- similarly you would in effect contract out of any rights under labour law

Maybe he knows this and this is his way for getting rid of you at no cost! Definately don't do it.

Sasquatch76

Do you not have to prove you are looking for work while claiming Job Seeker's Allowance? Is he going to give you time off to go to interviews for jobs that you don't need anyway??

JDxtra

Absolutely under no circumstances go along with this proposal!

mood

Sasquatch76 wrote: »

Do you not have to prove you are looking for work while claiming Job Seeker's Allowance? Is he going to give you time off to go to interviews for jobs that you don't need anyway??

Yes. You do have to prove you are honestly job seeking.

The amount of trouble you could get into over the conning the dole is not worth going along with your bosses crazy idea. And it looks like your job might not last that long anyway.

If he says you might not have a job if you don't say to report him.

LegacyUser

Hey guys,

Thanks for the replies, really really appreciate it. Some very good points in here, things dont look so bad to me now. I cant believe I have let someone have such a hold over me, I'm generally a very straight speaking kinda guy, I guess its just the pressures and fear of unemployment hitting home.

I was not aware I would have to prove I was actively seeking work while on Job Seekers. He DEFINITELY would not not like that, that is my route out. Thank you so so much everyone once again. Ye have all been a great help.

aa0020

I think we're all agreed that you mustnt do this but your problem is how to tell a temperamental boss? I may be wrong here but as far as I know the benefit isnt unlimited. Claiming it now could mean its not available to you later. If you suggest this as being the reason it takes you off the moral hook which could anger him. He hsould be understanding because he isnt in a position to guarantee you that the company will survive. Good luck

Jo King

eejoynt wrote: »

you would also as the law says taint your contract.
this means that if your employer dismissed you you would have no recourse- similarly you would in effect contract out of any rights under labour law

Unfair Dismissals (Amendment) Act, 1993 . The current position is that s. 8 of the Act of 1977, as amended, now contains a sub-s. (11) which provides as follows:

"Where the dismissal of an employee is an unfair dismissal and a term or condition of the contract of employment concerned contravened any provision of or made under the Income Tax Acts or the Social Welfare Acts, 1981 to 1993 , the employee shall, notwithstanding the contravention, be entitled to redress under this Act, in respect of the dismissal."

What the o/p is being asked to do is criminal. He is being asked to join in a conspiracy to defraud the state. My advice would be to gather as much evidence of the proposal as possible, record conversations, make contemporaneous notes etc.
When there is clear evidence, the o/p should resign and claim for constructive dismissal.

mood

Gather the evidence but I would only use it if he sacks you for not going along with his 'plan'.

Mrs OBumble

aa0020 wrote: »

I think we're all agreed that you mustnt do this but your problem is how to tell a temperamental boss? I may be wrong here but as far as I know the benefit isnt unlimited. Claiming it now could mean its not available to you later.

Just what I was going to say: claiming it falsely is really, really stupid for all sorts of reasons, including reducing your future entitlements.

Among other things, on short-hours you will have to call in to the office with dockets every week (can be done after hours), and to sort out any queries you'll have to call in during working hours - and this can take hours. Unemployed people can do this, 'cos we're ... unemployed! time is one thing we have. Working people can't.

If you agree to it, he can hold it over you in future by threatening to report you, unless you agree to all sorts of other dubious things.

If you don't, then you can hold it over him (by threatening to expose what he was proposing).