Deductions from wages

LegacyUser

Hi,

I had a thread here recently about being let go and trouble getting my wages and P45. After a 6 week wait I have finally been paid. (Still haven't received my P45 but that's another story).

In the other thread I mentioned I was worried about "recruitment costs" being deducted from my wages. I was wondering is this legal?

I signed saying it was ok to take €50 out of my second and third month's pay, but seeing as I was only there a couple of weeks they have taken €100 out of my first and final pay. Can they do this? It can't be to cover uniform as I never received the full uniform and what I did receive I returned as they told me I wouldn't be paid until this was done.

So basically are they allowed deduct recruitment costs like that? That is what it's down as on my payslip.

Regards

LegacyUser

OP here. Anyone got any info on my question?

Also just got my P45 in the post today, it's a (bad) photocopy, without my PPS number on it, the total pay is wrong and my name is wrong. I presume I'll need to get the original with the corrected details on it?

*bangs head off wall*

It only took them 6 weeks to sort this all out.

LegacyUser

Hi,

I updated this thread two days ago with more info but it hasn't been added yet. Was there a problem with my post?

Regards

Mrs OBumble

Sorry .. no probs with your post .. problem was with the moderator's broadband :mad: .. happily now fixed .

Mrs OBumble

The original's not so important.

But it's important that it has your right PPS and details.

Maybe take the wrong one along to Revenue and tell them ... they may be able to put some pressure on the company to sort their sh*ite out.

LegacyUser

Thanks JustMary. Didn't mean to seem impatient.

JustMary wrote: »

The original's not so important.

But it's important that it has your right PPS and details.

Maybe take the wrong one along to Revenue and tell them ... they may be able to put some pressure on the company to sort their sh*ite out.

I really wish companies could be fined for stuff like this, it might make them cop on a bit. I've never seen such crap in any job I've worked in. 6 weeks waiting and then a photocopy with the wrong details.

Also have you any ideas about the deductions? Are they legal? Can I fight them?

Regards

eastbono

Advice Needed wrote: »

OP here. Anyone got any info on my question?

Also just got my P45 in the post today, it's a (bad) photocopy, without my PPS number on it, the total pay is wrong and my name is wrong. I presume I'll need to get the original with the corrected details on it?

*bangs head off wall*

It only took them 6 weeks to sort this all out.

I would contact them straight away for "your" P45 as this is not acceptable. It should not be a photocopy, your ppsn should be on it, your name should be correct on it. Does it give the employer number on it? Does it state the number of A contribution weeks worked on it?. There is no point in contacting revenue for a P45 as it is too soon. What I would be afraid of is that this employer has not been paying prsi or tax to revenue so it is very important that you get the correct P45 from employer in case you have to take this further at a later date.

As an aside you do not need your P45 in order to claim benefit.

LegacyUser

eastbono wrote: »

I would contact them straight away for "your" P45 as this is not acceptable. It should not be a photocopy, your ppsn should be on it, your name should be correct on it. Does it give the employer number on it? Does it state the number of A contribution weeks worked on it?. There is no point in contacting revenue for a P45 as it is too soon. What I would be afraid of is that this employer has not been paying prsi or tax to revenue so it is very important that you get the correct P45 from employer in case you have to take this further at a later date.

As an aside you do not need your P45 in order to claim benefit.

Thanks eastbono for the reply. Yeah it has the employer number and number of insurable weeks on it too.

I will contact them about it as soon as I find out about the recruitment costs deduction from my wage. I only worked part time for two weeks so they took over 20% of my wages in recruitment costs. Anyone help with letting me know if this is legal?

wmpdd3

No it is not legal.

under the 'Payment of Wages Act 1991'

http://www.employmentrights.ie/en/media/paymentofwages.pdf

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/pay_slip.html



only certain deductions can be made namely:

DEDUCTIONS FROM WAGES AND PAYMENTS TO
EMPLOYER - section 5
Valid deductions (and payments to the employer) from wages -
section 5(1)
4.1 The Act allows an employer to make the following deductions (or
receive the following payments) from the wages of an employee:
— any deduction (or payment) required or authorised by law (e.g.
PAYE or PRSI),
— any deduction (or payment required or authorised by a term of the
employee’s contract (e.g. some occupational pensions scheme
contributions or particular till shortages), or
— any deduction agreed to in writing in advance b

ScouseMouse

wmpdd3 wrote: »

No it is not legal.

under the 'Payment of Wages Act 1991'

http://www.employmentrights.ie/en/media/paymentofwages.pdf

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/pay_slip.html



only certain deductions can be made namely:

My opinion here is the OP is wrong.

Any and all deductions are legal provided the employee consents to it.

The OP consented to pay 100 euro recruitment costs, albeit, on months 2 and 3, but never stayed that long.

The costs are still there. This is shaky ground for both parties. It cost the employer 100 euro and the employee agreed in their contract to cover it - but a bit later. When they signed the contract they agreed to it.

This is mentioned in the very last line of wpmdd3 quote.

"— any deduction agreed to in writing in advance b "

LegacyUser

superscouse wrote: »

Just an observation here.

Any and all deductions are legal provided the employee consents to it.

The OP consented to pay 100 euro recruitment costs, albeit, on months 2 and 3, but never stayed that long.

The costs are still there. This is shaky ground for both parties. It cost the employer 100 euro and the employee agreed in their contract to cover it - but a bit later.

This is mentioned in the very last line of wpmdd3 quote.

"— any deduction agreed to in writing in advance b "

Who is right and who is wrong is debateable.

What I was thinking was it'd be more in their favour if I left, but I was let go because I would not work illegal working hours and basically be walked all over by them. They have no respect for their employees and treat them like crap. A break was considered a luxury in that place.

I've contacted the manager with my intentions to bring this to the LRC if it's not sorted in a timely manner on the advice of NERA so will see what happens.

ScouseMouse

This is very very messy and I hope it works out for you.

Good luck

wmpdd3

I agree it is not cut and dry, I think that line was added to cover an employee agreeing to the VHI / work credit union payments being taken from their wages and paid directly to the institution.

But either way, the OP is better off out of there.

I'm still mad to find out what sector this is....