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Legal to be paid in vouchers?

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  • 21-06-2018 12:12am
    #1
    Registered Users Posts: 56 ✭✭


    So a friend of mine did 2 days of work in a bar as extra staff on a busy weekend.
    My friend requested the payment for the work to be made several times over the next few weeks and eventually they sent a one4all voucher to the same value of about 180 euro.
    My question is if there is a way to receive actual money in lieue of this voucher as my friend was not told they would be paid this way and they simply sent the voucher with no indication this was how she would be paid.
    Any information appreciated.
    Thanks


«1

Comments

  • Moderators, Politics Moderators Posts: 39,844 Mod ✭✭✭✭Seth Brundle


    What had they been told they would get paid originally?
    €180?
    I presume that the employer is doing it to avoid tax & prsi hassle.


  • Registered Users Posts: 56 ✭✭Danleo171


    What had they been told they would get paid originally?
    €180?
    I presume that the employer is doing it to avoid tax & prsi hassle.

    All they were told is that they'd be paid for the work they did, the amount of the voucher is the same value as how much money they would have earned


  • Registered Users Posts: 18,574 ✭✭✭✭_Brian


    It’s not the end of the world.
    If they want more work from this employer they could just explain that money is required the next time.


  • Registered Users Posts: 5,324 ✭✭✭JustAThought


    Sounds like the rmployer wanted it as a cash in hand job but to be able to claim expenses on the voucher - clever! Does your friend want his finances explored by SW or the taxman if he makes a complaint? All for One are handy but I doubt many landlords accept them! Can you use them as debit cards to pay bills in local shops that accept billpay and all4one cards? (Genuine question!)


  • Registered Users Posts: 5,116 ✭✭✭TomOnBoard


    Totally illegal.

    One for all vouchers are NOT Legal Tender. They probably bought them as a discount as well.


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  • Registered Users Posts: 5,324 ✭✭✭JustAThought


    TomOnBoard wrote: »
    Totally illegal.

    One for all vouchers are NOT Legal Tender. They probably bought them as a discount as well.

    They are accepted at their value in thousands of outlets nationwide and are -in many ways - very handy. Unless you need to pay your rent! We got our Christmas (cash) bonus using them -and so got away with not being taxed on the bonus - a nice bonus : )


  • Registered Users Posts: 5,116 ✭✭✭TomOnBoard


    They are accepted at their value in thousands of outlets nationwide and are -in many ways - very handy. Unless you need to pay your rent! We got our Christmas (cash) bonus using them -and so got away with not being taxed on the bonus - a nice bonus : )

    Whether they're useful or not in certain circumstances is irrelevant in the context of OPs original question. They are simply NOT Legal Tender and don't satisfy the requirements of the Payment of Wages, nor of the Income Tax and other Statutory Deductions laws.


  • Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    Payment of Wages Act 1991 s. 2 sets out the various modes in which wages may be paid - cash, cheque, bank draft, credit transfer, etc. There are lots of acceptable modes, but vouchers are definitely not one of them. An employer who pages wages other than in one of the permitted modes commits an offence.


  • Registered Users Posts: 78,432 ✭✭✭✭Victor


    Peregrinus wrote: »
    Payment of Wages Act 1991 s. 2 sets out the various modes in which wages may be paid - cash, cheque, bank draft, credit transfer, etc. There are lots of acceptable modes, but vouchers are definitely not one of them. An employer who pages wages other than in one of the permitted modes commits an offence.

    I concur. The legislation has been updated since.


  • Registered Users Posts: 26,511 ✭✭✭✭Peregrinus


    It's worth adding that this is not dependent on any agreement between employer and employee. You may not be paid your wages in vouchers even with your agreement; the employer still commits an offence by doing that.


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  • Registered Users Posts: 3,733 ✭✭✭OMM 0000


    What kind of employer would do something like that. It makes me wonder what other horrible and incredibly selfish things they are doing.


  • Registered Users Posts: 28,196 ✭✭✭✭drunkmonkey


    I presume that the employer is doing it to avoid tax & prsi hassle.

    Isn't there a casual labour allowance, I think you can pay out up to 2k a year cash without having to go register people, it's for when you need somebody just for a few days etc they won't turn into a full employee. There was no need to pay in vouchers they could have paid them legally unless they've already blown the allowance on other staff.


  • Registered Users Posts: 28,196 ✭✭✭✭drunkmonkey


    Victor wrote: »
    I concur. The legislation has been updated since.

    Aren't one4all vouchers classed as money etc for bonuses though, not as good as cash but similar.


  • Registered Users Posts: 4,924 ✭✭✭enricoh


    Mountain out of a molehill. One4all can be used in hundreds of shops, what's the big deal - it's 2 days work , not the months wages! Drama.


  • Moderators, Politics Moderators Posts: 39,844 Mod ✭✭✭✭Seth Brundle


    enricoh wrote: »
    Mountain out of a molehill. One4all can be used in hundreds of shops, what's the big deal - it's 2 days work , not the months wages! Drama.
    In fairness you don't know the financial situation of the OP's friend. Maybe they needed the money quickly which us why they did a nixer.


  • Registered Users Posts: 6,729 ✭✭✭SteM


    enricoh wrote: »
    Mountain out of a molehill. One4all can be used in hundreds of shops, what's the big deal - it's 2 days work , not the months wages! Drama.

    If he wants cash/cheque then that's what should get. How is that making a mountain out of a molehill?

    If I bought something worth €15 in a shop, handed in €20 and got a €5 oneforall voucher back as change I wouldn't accept it. Would I be making a mountain out of a molehill?


  • Registered Users Posts: 4,716 ✭✭✭Balmed Out


    Isn't there a casual labour allowance, I think you can pay out up to 2k a year cash without having to go register people, it's for when you need somebody just for a few days etc they won't turn into a full employee. There was no need to pay in vouchers they could have paid them legally unless they've already blown the allowance on other staff.

    pretty sure theres no such thing or at least would be shocked if there were.


  • Registered Users Posts: 4,082 ✭✭✭relax carry on


    Isn't there a casual labour allowance, I think you can pay out up to 2k a year cash without having to go register people, it's for when you need somebody just for a few days etc they won't turn into a full employee. There was no need to pay in vouchers they could have paid them legally unless they've already blown the allowance on other staff.

    No such thing.

    https://www.revenue.ie/en/employing-people/becoming-an-employer-and-ongoing-obligations/registration-of-employers-for-paye-purposes/index.aspx


  • Registered Users Posts: 1,083 ✭✭✭Rulmeq


    SteM wrote: »
    If I bought something worth €15 in a shop, handed in €20 and got a €5 oneforall voucher back as change I wouldn't accept it. Would I be making a mountain out of a molehill?
    Just an FYI, that's a bad example, as shops have no legal obligation to make change (the bad publicity ensures none of them will try it on, but still)


  • Registered Users Posts: 28,196 ✭✭✭✭drunkmonkey



    Not sure what's that got to do with anything, I can't find the legislation but I'm pretty sure if you want someone just for a day you don't need to go register them as an employee. Just from recollection I've 2k a year in my head as the amount you can pay out for as ad hoc work. That was advice from an accountant.


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  • Registered Users Posts: 28,196 ✭✭✭✭drunkmonkey


    Balmed Out wrote: »
    pretty sure theres no such thing or at least would be shocked if there were.

    I'd be shocked if there wasn't. You'd never give a random days work to anyone on social welfare and they wouldn't take it up.


  • Registered Users Posts: 17,083 ✭✭✭✭Sleeper12


    TomOnBoard wrote:
    One for all vouchers are NOT Legal Tender. They probably bought them as a discount as well.

    TomOnBoard wrote:
    Totally illegal.

    And they are only good for a limited amount of time.

    I can see how this might avoid tax for the employer but not good for the staff


  • Registered Users Posts: 6,729 ✭✭✭SteM


    Rulmeq wrote: »
    Just an FYI, that's a bad example, as shops have no legal obligation to make change (the bad publicity ensures none of them will try it on, but still)

    I'm aware of that but my point was that if they did offer change in allforone vouchers would I be making 'a mountain out of a molehill' if I didn't accept them. I have the option of walking away from the transaction at that point, the OP's friend can't do that. They've already provided the service, they should be paid the way they want to be paid.


  • Registered Users Posts: 36,167 ✭✭✭✭ED E


    OMM 0000 wrote: »
    What kind of employer would do something like that. It makes me wonder what other horrible and incredibly selfish things they are doing.

    3rd level institutions do it regularly.


  • Registered Users Posts: 4,082 ✭✭✭relax carry on


    Not sure what's that got to do with anything, I can't find the legislation but I'm pretty sure if you want someone just for a day you don't need to go register them as an employee. Just from recollection I've 2k a year in my head as the amount you can pay out for as ad hoc work. That was advice from an accountant.

    Get a better accountant. If you read the link you'll note that the effect of the payment amounts means all employees have to be registered. There's no such thing as casual untaxed wages. Anything like that in your accounts should be easy pickings for an auditor if they chose to pursue it as part of an intervention. From next year with PAYE modernisation all payments to all employees will be visible to Revenue in near real time.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    That was advice from an accountant.
    Chances are the accountant was telling you that could stick down amounts as "sundry expenses" and save yourself the hassle of having to declare an employee. But don't have more than €2k of such expenses or you'll find yourself having question asked.

    A lot of the advice accountants give is more about what works in practice rather than what the law says. So when an accountant says, "You can pay out €2k a year in casual labour", they mean that you can do that in practice without causing problems, not that the law says you can.

    On forums like boards most of the accounting advice people will give is far more legally rigid, and they'll tell you that you most definitely can't do anything like this and Revenue auditors will destroy you.

    Legally you can't, in practice you probably can and Revenue would slap you on the wrists and tell you not to do it again. (Note: Someone is thinking of quoting this and telling me I'm definitely wrong, Revenue will fine you trillions of euro and put you in jail for 20 years. Don't bother, you're just proving my point.)

    In terms of the OP, no the employer can't pay him in vouchers. But ultimately what can he do about it? Take it to court? Live and learn, remember not to do that guy a favour in future.


  • Registered Users Posts: 28,196 ✭✭✭✭drunkmonkey


    Get a better accountant. If you read the link you'll note that the effect of the payment amounts means all employees have to be registered. There's no such thing as casual untaxed wages. Anything like that in your accounts should be easy pickings for an auditor if they chose to pursue it as part of an intervention. From next year with PAYE modernisation all payments to all employees will be visible to Revenue in near real time.

    I'm not referring to employees, it's a once off work.


  • Registered Users Posts: 28,196 ✭✭✭✭drunkmonkey


    seamus wrote: »
    Chances are the accountant was telling you that could stick down amounts as "sundry expenses" and save yourself the hassle of having to declare an employee. But don't have more than €2k of such expenses or you'll find yourself having question asked.

    A lot of the advice accountants give is more about what works in practice rather than what the law says. So when an accountant says, "You can pay out €2k a year in casual labour", they mean that you can do that in practice without causing problems, not that the law says you can.

    On forums like boards most of the accounting advice people will give is far more legally rigid, and they'll tell you that you most definitely can't do anything like this and Revenue auditors will destroy you.

    Legally you can't, in practice you probably can and Revenue would slap you on the wrists and tell you not to do it again. (Note: Someone is thinking of quoting this and telling me I'm definitely wrong, Revenue will fine you trillions of euro and put you in jail for 20 years. Don't bother, you're just proving my point.)

    In terms of the OP, no the employer can't pay him in vouchers. But ultimately what can he do about it? Take it to court? Live and learn, remember not to do that guy a favour in future.

    That's probably what I'm thinking of it's a while since I done it, but they said I was ok for 2k a year.


  • Posts: 5,121 ✭✭✭ [Deleted User]


    enricoh wrote: »
    Mountain out of a molehill. One4all can be used in hundreds of shops, what's the big deal - it's 2 days work , not the months wages! Drama.
    I am curious if the employer that gave them would accept them as payment.

    If not it suggests they aren't as good as cash.

    Gift vouchers also have an amount taken off every month after twelve months so can't be used as savings and we dont know when they were bought.


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  • Registered Users Posts: 92 ✭✭lanciadub


    enricoh wrote: »
    Mountain out of a molehill. One4all can be used in hundreds of shops, what's the big deal - it's 2 days work , not the months wages! Drama.

    my thoughts exactly ..


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