Back wages form a busted company by the bank.

atmmusa

Ok I will clear my situation in here so that people can advise me on this.

I joined a Restaurant in Ballsbridge on 18 March 2010. Before joining I agreed with the owner that I will be working 58-60 Hours a week and the pay will be basic rate of 8.65 an hour – that amounts to about 501.7 euro a week. During my 1st week of employment the owner paid me 400, when I enquired about it he said business was bad so he would pay me this 100 euro extra later. I have been working like this (58 hours a week on 400 euro wages) till now. I have asked him countless number of times for my money and he always tries to avoid it. Three weeks ago I gave him a notice saying that I want to leave the job and demanding the outstanding wages. 2nd October is my last day at work.

When I joined the company I wanted to give my PPS Number to the Owner but he said he would take it later. After that I tried to give him my PPS Number on numerous occasions but he refused to take it. So I believe all this 6 months I have been in employment he never paid my tax or anything. I was always paid in cash.

Also, when I joined the company he never gave me Contract Paper either. Despite requesting it a number of times he never did anything about it.

On Wednesday, 29 of September when I came to work I found out that the Royal Bank Of Scotland has taken over the Restaurant from the owner. Now thats my last week there but I do not know where do I stand regarding my unpaid wages (100 euro a week for 29 weeks), holiday (never got paid for holiday) and 3 more weeks completely unpaid wages. I was on holiday in August but never got paid for that week. It was put on due and I was told I would get paid later.

I have told one of the Bank representatives who came to the restaurant about all this and he promised to check that. And after 2 days he told me that they are not paying any back wages to anyone. And I can take my issue to employment rights.

However, since I do not have a contract paper, the only thing that can prove my hours worked is the roster they make every week. I have got a printed copy of it. It also should be on their computer. Another thing is - in order to server customer we need to log into an EPOS system and this system keeps records of all the employees working. The only problem is Myself and my 2 work colleagues never actually clock out as our hours are fixed. Even though the roster proves that I work at least 58 hours a week I am concerned what will the bank representatives say about it.

Below please find enlisted the amount the company has not paid me so far:

27 week Due wages X 101 Euro = 2727
2 Weeks Holiday (501 Euro X 2) = 1002
3 Weeks Full Wages (501 Euro X 3) = 1503

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Total = 5232 Euro

Also, since it looks like the employer did not pay my tax at all, my tax history will be completely empty for the last 6 months. I am not sure what to do about it.

Now while I was filling in the form to the rights commissioner i got confused. Which company do I claim against? The previous owner or the new owner the bank? Note the previous owner never paid my tax so obviously don't have any pay slip at all. So don't know the employer's paye number. Now can i submit the form without the employer's paye number due to my situation.

I hope I have provided all the necessary Information. I would be thankful for your help.

gerrycollins

is the resturant still trading?

you have to make your complaint about the company you were employed by. Now if its still trading the company will more than likely be in receivership/examinership under the control of the bank so at least it can be dealt with however I dont know if the bank in this position is liable for your pay. There is a fund available for employees of closed businesses however the only people who can apply are the bank but only in a liquidation situation.

you need to tell all to the rights commissioner even the tax issue, as its your employers responsiblity to deduct tax from your wages and pass them onto the revenue. However if you were aware that there was something amiss its your responsiblity to report it.

the_syco

atmmusa wrote: »

Also, since it looks like the employer did not pay my tax at all, my tax history will be completely empty for the last 6 months. I am not sure what to do about it.

Inform revenue about the mess. I'm sure if he was paying you by cash, some of his incomng cash flow may not have gotten taxed.

atmmusa

the restaurant is still trading.

I knew the owner was dodgy but last month i got sure that he is cheating with me. SO I gave him 3 weeks notice and siad i want all my back wages and tax paid. But the bank took over in the last week.

Now i hear the manager who is involved in this as well, is gonna rent the place from the Bank.

Yes i am preparing all my papers then I will go to Revenue and Labour court as well.

Thanks for all ur reply.