Few issues need sorting

job seeker

Hi all, So I in this resturantr for just over a year.

So my issues are as follow:

Payslip; I have no details at all on it to show my hours worked, is this allowed?
Pay; Im been 5.00 Euro an hour, would I be entailed to anything extra on sundays?
Payed holidays; I haven't taken any holidays yet. But I think it's 8 hours for every 100 hours worked??

Also what else would I be entitled to?

I've looked at the citizen information but cant find anything on the website on my issues?

Stheno

job seeker wrote: »

Hi all, So I in this resturantr for just over a year.

So my issues are as follow:

Payslip; I have no details at all on it to show my hours worked, is this allowed?
Pay; Im been 5.00 Euro an hour, would I be entailed to anything extra on sundays?
Payed holidays; I haven't taken any holidays yet. But I think it's 8 hours for every 100 hours worked??

Also what else would I be entitled to?

I've looked at the citizen information but cant find anything on the website on my issues?

Is this a restauarant in Ireland and are you legally allowed work here?

There are minimum wage rules which would appear to being broken here

What age are you?

job seeker

Stheno wrote: »

Is this a restauarant in Ireland and are you legally allowed work here?

There are minimum wage rules which would appear to being broken here

What age are you?

Yes, Last year I done work experience there and they give me a job after the summer.

22 years young.

Stheno

job seeker wrote: »

Yes, Last year I done work experience there and they give me a job after the summer.

22 years young.

They appear to be breaking the law only paying five Euro per hour

Look up minimum wage on Google it's more than that

Are you sure it's only five Euro? Do you pay any tax or prsi?

job seeker

Stheno wrote: »

They appear to be breaking the law only paying five Euro per hour

Look up minimum wage on Google it's more than that

Are you sure it's only five Euro? Do you pay any tax or prsi?

mope pay no tax as im a student.

Stheno

job seeker wrote: »

mope pay no tax as im a student.

Eh being a student is irrelevant, if you earn enough you are liable for tax, prsi and usc. Your employer is also liable for employers prsi

What does your payslip say? Just the amount you are paid for the week?

job seeker

Stheno wrote: »

Eh being a student is irrelevant, if you earn enough you are liable for tax, prsi and usc. Your employer is also liable for employers prsi

What does your payslip say? Just the amount you are paid for the week?

Ah.

Well I pay no tax what so ever. The boss pays PRSI er

..Thats stated in my payslip..

Penny Tration

job seeker wrote: »

Ah.

Well I pay no tax what so ever. The boss pays PRSI er

..Thats stated in my payslip..

Is your USC deducted?

Stheno

job seeker wrote: »

Ah.

Well I pay no tax what so ever. The boss pays PRSI er

..Thats stated in my payslip..

You are not being terribly clear here.

Does your payslip show gross and net pay, tax credits and any deductions?

If it's five Euro gross you are getting that's wrong, Google minimum wage Ireland and it wi bring up the citizens info page

On the holidays you are correct if you are working part time it's 8% of hours worked you are entitled to

job seeker

Stheno wrote: »

You are not being terribly clear here.

Does your payslip show gross and net pay, tax credits and any deductions?

If it's five Euro gross you are getting that's wrong, Google minimum wage Ireland and it wi bring up the citizens info page

On the holidays you are correct if you are working part time it's 8% of hours worked you are entitled to

Yes it shows all that, but its like USC 0.00, PAYE 0.00 and PRSI 0.00, It states my gross, total pay, paymeny and PRSIer. But zero after everythink else.
As for hours worked. Its not even printed on the payslip.

Ya, 5 euro per hour, thats all.

Mrs OBumble

How many hours per week are you working?

Have you tried looking for a job somewhere else?

Stheno

Do you mind me asking what you work as and if it is in Dublin or outside of Dublin/Dun Laoighire?
I looked it up and working in catering in a restaurant is covered under what are called Employment regulation orders, and it sets out terms of pay for each year of "training" and sunday hours and pay

There is one for Dublin and one for the rest of the country

job seeker

Stheno wrote: »

Do you mind me asking what you work as and if it is in Dublin or outside of Dublin/Dun Laoighire?
I looked it up and working in catering in a restaurant is covered under what are called Employment regulation orders, and it sets out terms of pay for each year of "training" and sunday hours and pay

There is one for Dublin and one for the rest of the country

Hi no problem

Sligo..

Stheno

job seeker wrote: »

Hi no problem

Sligo..

The order relating to catering outside Dublin is here

Rates of pay in it are

5. Minimum Weekly Rates of Pay


A. CHEF / COOK


From 29th June 2009During First Year of Training (75% of Full Rate) During Second Year of Training(80% of Full Rate) During Third Year of Training(90% of Full Rate) Trained (Full Rate) Under 18 Years of Age(70% of Full Rate)


€278.03€296.56€333.63 €370.70 €259.49




B. HEAD CHEF / COOK


From 29th June 2009


€386.96


C. 2ndHEAD CHEF / 2ndCOOK / SOUS CHEF


From 29th June 2009Full RateTwelve Months’ Initial Rate(90% of Full Rate)


€379.19€341.27


D. WAITER/WAITRESS/BARPERSON


From 29th June 2009During First 8 months of Training (75% of Full Rate)During Second 8 months of Training(80% of Full Rate)During Third 8 months of Training(90% of Full Rate)Trained (Full Rate)Under 18 Years of Age(70% of Full Rate)


€272.47 €290.63 €326.96€363.28€254.30


E. HEAD WAITER / HEAD WAITRESS / HEAD BARPERSON


2ndHEAD WAITER / 2ndHEAD WAITRESS


2ndHEAD BARPERSON


From 29th June 2009Full RateTwelve Months’ Initial Rate(90% of Full Rate)


€363.28€326.96






F. CLERICAL WORKER


GENERAL WORKER


SHORT ORDER / FAST SERVICE COOK


COUNTER ASSISTANT


From 29th June 2009Full RateTwelve Months’ Initial Rate(90% of Full Rate)Under 18 Years of Age(70% of Full Rate)


€363.28€326.96€254.30



7. Part-time or Casual Workers


Any part-time or casual worker shall be paid pro-rata at the hourly equivalent of the weekly rate appropriate to his/her particular class category of employment, as set out in Paragraph 5. The hourly rate is calculated by dividing the relevant full time weekly rate by 39.



11. Sunday Work


(a) Within the 78 hour fortnight, every second Sunday shall be regarded as a day off, except where agreed by both the employer and the employee in writing. In addition, each worker shall be entitled to minimum rest periods in accordance with the provisions of the Organisation of Working Time Act, 1997 .


(b) All workers rostered to work on Sunday, other than on overtime, shall be paid time plus one-third for rostered work.

So a waiter in their first year of training doing 39 hours a week is entitled to be paid 272.47 which works out at 6.99 per hour

A chef in their first year works out at 7.12 per hour

Sunday work is at time and a third.

job seeker

Stheno wrote: »

The order relating to catering outside Dublin is here

Rates of pay in it are



So a waiter in their first year of training doing 39 hours a week is entitled to be paid 272.47 which works out at 6.99 per hour

A chef in their first year works out at 7.12 per hour

Sunday work is at time and a third.

Thats great do you have a link to that by any chance?

Thanks for all the help.

Stheno

job seeker wrote: »

Thats great do you have a link to that by any chance?

Thanks for all the help.

Yes the link is hidden under the word here in my last post

Mrs OBumble

Hang on lads:

Previously some employments were covered by agreements made by Joint Labour Committees. On 7 July 2011 the High Court ruled that the legislation delegating powers concerning pay and conditions to Joint Labour Committees (JLCs) was unconstitutional. Following the High Court decision Employment Regulation Orders ceased to have statutory effect from 7 July 2011.

ref: http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/industrial_relations_and_trade_unions/joint_labour_committees.html


There is talk of a replacement system, but it hasn't been implemented yet (and there may not even be laws for it).

In the meantime, minimum wage legislation is all that applies AFAIK.

Stheno

Mrs OBumble wrote: »

Hang on lads:


ref: http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/industrial_relations_and_trade_unions/joint_labour_committees.html


There is talk of a replacement system, but it hasn't been implemented yet (and there may not even be laws for it).

In the meantime, minimum wage legislation is all that applies AFAIK.

Whoops sincere apologies on my part, the citizens information page on minimum wage points to EROs

Thats better news for the OP then as min. wage in the first year for an adult is listed in the link below

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

Apologies again, no intent to mislead on my part.
Thanks Mrs. O'B

endacl

job seeker wrote: »

Thats great do you have a link to that by any chance?

Thanks for all the help.

The link is in what you just quoted?

Stheno

endacl wrote: »

The link is in what you just quoted?

What I posted was wrong as Mrs O'B has pointed out, it's just min. wage regulations now it seems

Mrs OBumble

Mrs OBumble wrote: »

How many hours per week are you working?

Have you tried looking for a job somewhere else?

The 2nd question here is very relevant. Probably it's the only way to get a decent wage.

I think it's likely that your employer is totally taking the p*ss. And that it's likely they are not actually handing over the employer PRSI either.

But - are there any other issues you have not mentioned, eg does your employer provide you with food or accommodation?

Konata

Hi OP,

I worked in a restaurant in Sligo years ago for 5 euro an hour too. What your employer is doing is illegal and my former workplace got caught for it a few years ago (so I certainly hope it's not the same place again!). However, if your employer is anything like mine was they don't really give a crap and mentioning stuff to them about how you're not getting minimum wage etc. just makes you look troublesome. Not the way it should be of course but they obviously don't care very much if you're only getting a fiver an hour.

I would advise you to find a new job if you can at all because you're being absolutely ripped off where you're currently working.