Unsure what to do.

LegacyUser

Hi, (sorry for this huge post)

I am in a bit of a mess and I don't know what to do.

I started a job 12 months ago and the whole thing is a shambles. I was desperate for a job and I started work here for a fixed amount per week. The employer told me he would give me a contract and I would work certain hours for this flat amount. That was fine and I felt lucky to get a job.

It turned out that I never got a contract or wage slips, I work full time and when I started the employer said he would get more staff to give me my days off. The employer refused to offer minimum wage and so for weeks at a time (including now), he could not get anyone to work here and so I couldn't have days off.

I haven't been able to take any annual leave in the last 12 months for the same reason. I have not had any type of Sunday/Bank holiday pay/entitlements, even though I have worked them all. My employer doesn't keep any records of the actual hours I do.

I rang citizens advice and a really nice lady said I should make a complaint to NERA. She gave me all the details.

Basically I am afraid to make the complaint because I am afraid they will say- why did you agree to work there under those conditions? Or why have you stayed there so long ?

The reason I have stayed is becoz I couldnt get a job anywhere else and I know that if you leave your job you cannot get social welfare for a dis allowance period and then there is a long waiting time for applications to be processed.

I guess what I am asking is. Should I just leave and make a complaint and explain everything to social welfare ?

I have repeatedly asked my employer to resolve the issues but he just ignores me or when he comes over, he acts like nothing is wrong and like these conditions do not exist. Its like he has convinced himself that he's no doing anything wrong.

I don't know what to do. (I am looking for new jobs but I have not much success yet).

Milk & Honey

Talk to NERA. The just advise you on your entitlements, they don't contact your employer.

tatli_lokma

Whatamess wrote: »

Basically I am afraid to make the complaint because I am afraid they will say- why did you agree to work there under those conditions? Or why have you stayed there so long ?

don't be worried about this...you are not at fault here the employer is. They are breaching every regulation going (not paying correct wages, no payslips, no contract, no annual leave, no records etc etc etc).

Whatamess wrote: »

I know that if you leave your job you cannot get social welfare for a dis allowance period and then there is a long waiting time for applications to be processed.

there s a 6 week period if you leave employment, and in many SW offices a 13 week wait. All money is backdated to the date of your claim. However, given the circumstances, you could have a good chance of the 6 week wait being waived. The best way to improve your chances of this is to make a complaint via NERA and show the SW the paperwork to confirm - that way they will see your leaving as constructive dismissal rather than you resigning. While you are waiting for your money you can make a claim to the Community Welfare officer (relieving officer) who might agree to give you an allowance while you wait on your dole. When your dole does come through, they will reduce the money they have given you from the backdated amount.

But one thing does strike me - if you are being paid below minimum wage and you are not getting a payslip there is a very good chance the employer is not paying tax or PRSI for you. So you need to check with Social welfare that you have enough contributions from previous employments.

If I were you, I would report the employer to the Workplace Relations Committee, then once that is done take a visit to the Social welfare office and explain the situation and put in a claim ASAP. The minute your claim goes in, stop working for this person. I know it will be tough, but given the situation you can explain this to the SW and Community Welfare Officer and hopefully you won't be without any income for long.

Workplace Relations Customer Services
(formerly Information Services of the National Employment Rights Authority)
Department of Jobs, Enterprise and Innovation
O'Brien Road
Carlow
Opening Hours: Mon. to Fri. 9.30am to 5pm
Tel: (059) 917 8990
Locall: 1890 80 80 90
Homepage: http://www.workplacerelations.ie/en/

In advance of putting in a claim to the Workplace Relations Committe, you need to start keeping an accurate log of dates and times you worked, bank holidays you worked, salary received etc - the more evidence you have the better. If you are prepared to follow this through all the way, you might have a chance of winning an award, but you need to be committed to seeing it through to the end and it can be a long process.

best of luck with everything

LegacyUser

Wow- thanks so much for the advice !!! I can see things a lot more clearly nowthan I could before .

bernard bluff

hi all.would be glad if anyone had advice on this.i currently work 3 days per week.myself and a few others have repeatedly asked to be put back on full time as at certain times there's loads of work.however when we get busy the employer goes and takes on internships on full time work hence keeping us on the dole?is this correct procedure and legal?we don't get full pay for bank holidays.is it right to take 1 man off the dole as an internship but that keeps four of us on it?angry an confused

Bandana boy

bernard bluff wrote: »

hi all.wud be glad if any1 had advice on this.i currently wrk 3 days per wk.myself and a few others have repeatedly asked 2 be put back on full time as at certain times there's loads of wrk.however when we get busy the employer goes and takes on internships hence keepin us on de dole?is this correct procedure and legal???

I am afraid I can not understand your post ,most people who could answer your query don't read text speech, your best bet is to rewrite it taking out the text speech if you want a coherent reply.

bernard bluff

thanks bandana boy

edellc

just to point out also that if you make a claim to the social welfare, while waiting on your payment to come through if you are stuck for money then you can go to your cwo - community welfare officer and they can give you a cheque each week until your payment is sorted out , however it wont be back dated as you will be getting paid from the cwo until the swo sorts out your claim

so no need to worry about having no money for 6-13 weeks

also if your not getting payslips and the like you employer may not be paying your prsi contributions for you, so if you are lodging a complaint with nera and then going to sign on it may be means tested and not based on your prsi contributions, you can check though by ringing the tax office
http://www.revenue.ie/en/contact/index.html

giving them your pps number and the name of the place you work, they may ask for your employers number or if he has registered you then you wont need it as they will have the info, I advise any time you start a new job that you ring the tax office and let them know you are working and where, its something I have always done where ever I have worked that way I know I am always registered