Help Needed Please

greenpilot

Hi,

My other half started employment in a shop two years ago. She is separated. This week, her employer called her up to the office and informed her that he could not process her wages correctly as her tax credits were "wrong" and that she owed her employer money as he had over payed her. Now, since her separation, she has worked for two other employers and they had processed her wages as a separated employee, from the point of view of tax credits, so she cannot understand how all of a sudden there is a problem with her current employer.
She received a payslip from her employer on the first week that she started, two years ago, but has not received any since.

When she rang revenue, the guy on the phone asked her if she had just started working in her job in November. She could not really answer the guy as her employer was standing next to her listening to the conversation.
She then asked her employer for her payslips but he said that he could only give her last years payslips, not this years.
This, to me, sounds very suspicions.
She is at her wits end as her employer has told her that she owes him thousands.
She is adamant that she had informed revenue of her separation, which is true considering the way she was taxed by her previous two employers.
Could anyone shed any light as to how to proceed from here?
Thank you in advance.
P

RiseToMe

greenpilot wrote: »

Hi,

My other half started employment in a shop two years ago. She is separated. This week, her employer called her up to the office and informed her that he could not process her wages correctly as her tax credits were "wrong" and that she owed her employer money as he had over payed her. Now, since her separation, she has worked for two other employers and they had processed her wages as a separated employee, from the point of view of tax credits, so she cannot understand how all of a sudden there is a problem with her current employer.
She received a payslip from her employer on the first week that she started, two years ago, but has not received any since.

When she rang revenue, the guy on the phone asked her if she had just started working in her job in November. She could not really answer the guy as her employer was standing next to her listening to the conversation.
She then asked her employer for her payslips but he said that he could only give her last years payslips, not this years.
This, to me, sounds very suspicions.
She is at her wits end as her employer has told her that she owes him thousands.
She is adamant that she had informed revenue of her separation, which is true considering the way she was taxed by her previous two employers.
Could anyone shed any light as to how to proceed from here?
Thank you in advance.
P

Does she have her p60 from this employer?

greenpilot

Hi,

She has a p60 for 2017 but none for the 4 months of 2016 that she worked.

Thank you.

Ghekko

Let her ring revenue away from work. Given they asked if she's just started work I'd wonder if her current employer has been paying her tax at all.

greenpilot

Ghekko wrote: »

Let her ring revenue away from work. Given they asked if she's just started work I'd wonder if her current employer has been paying her tax at all.

She says that he told her that he was declaring her, but her wages are below the tax band anyway.

P

Bicycle

Under the Payment of Wages Act, your partner should be getting pay slips each time they are paid

"The Payment of Wages Act 1991 gives all employees a right to a pay slip which will show the gross wage and details of all deductions. A pay slip is essentially a statement in writing from the employer to the employee that outlines the total pay before tax and all details of any deductions from pay."

Your partner should contact Workplace Relations for guidance. https://www.workplacerelations.ie/en/

And start looking for a new job asap. Its an employee's market out there.

RiseToMe

First thing first is to ask for all payslips due to her from whne she started, accounting for every wage she received. There's no (legal) reason she cannot be given these, she needs to see the deductions, if any, that were made in respect to tax etc.

If the employer refused to give the payslips, advise him that revenue have requested them in order to help your partner sort the issue but she can advise revenue to contact him directly to verify all payments. Hopefully that will stir him into providing the wage slips.

To me it looks like he either never registered her employment properly, or all of it anyway or has been collecting but not paying over the tax from her wages and its caught up with him. Having been through this before, I did what I advised above, was given the payslips, went to revenue in person and showed them the tax had been deducted from me but not paid over by employer.

greenpilot

hi,

Thank you for the reply folks. She is calling to the revenue office in the morning. On the way, she is calling into her work to demand the payslips for the last two years. She said she is going to be as frank as possible.
She was earning 250 per week, cash out of the till. On Friday, her employer called her to the office and kept pointing at the figure of 181 Euro on the screen, telling her that when he inputted her tax credits etc, that is all he could come up with for a wage. He then counted out 181 Euro in change out of the till and handed it to her, minus a payslip, and walked off.
I reckon that, with the new system that came into effect with regards to PAYE, he has been caught out and, as he cannot change USC and TAX credits, he cannot come up with the magic sum of 250 per week.
I smell a rat.
He keeps saying that she owes him the money and she has until January to pay it to him.

P

AppleBottle

Something seems very off here...

Does your partner have access to her MyAccount on the Revenue website? I know the website has changed over the last few months but as far I know there will be an option on that to show her details (name, address etc) and I think when she started her employment (just in relation to the suspicions that she may have only been registered as an employee recently!)

greenpilot

AppleBottle wrote: »

Something seems very off here...

Does your partner have access to her MyAccount on the Revenue website? I know the website has changed over the last few months but as far I know there will be an option on that to show her details (name, address etc) and I think when she started her employment (just in relation to the suspicions that she may have only been registered as an employee recently!)

HI,
We have just tried to register for the first time as a new user, ticking the box for sending a temporary password by text, but it then stated that the pin number would be mailed to us, so we cannot get in to it until we get something in the post from Revenue. Frustrating!

P

CiarraiAbu2

If he was giving her 250 into her hand pw then he should be grossing up her wages accordingly. It looks like he switched to gross to nett ( gross is 250 and tax her accordingly). Nera are your best choice.

relax carry on

Looks like there was a nett pay arrangement in place which no one, employer or employee should ever agree to. They can backfire badly.

Time to get a copy of the contract, all payslips which are due and any p60's due. Get the employer to agree to pay wages into a bank account and not cash.

Howany hours are worked and what is the gross pay per hour?

When you are registered with Revenue you will see the start date for the employment online and you should Alos be able to see your pay and tax details for 2016 and 2017 online.

Also no harm to request a copy of the PRSI contributions from DEASP.

If you have any issues with the above, contact Revenue, DEASP and the Workplace Relations.

Seve OB

Employer is totally liable here.... on numerous fronts. They have been found out and are now trying to get out of the mess they have dug themselves in by throwing the employee under the bus.

Employer doesn't have a leg to stand on here.

OP needs to stand their ground.

They are IMO entitled to make sure they continue to receive a net €250 per week

Best advice is above but I'll state it again

Contact the Workplace Relations Commission

Seve OB

Just thinking, this is a situation I reckon must have arisen with the pending implementation of PAYE modernisation. Loads of people are going to find themselves in similar positions and Employers are going to get caught out by the truckload.

OP... dig your heels in here because it is likely the employer has not being paying tax and PRSI on your behalf.
You want and need to make sure that all gets paid... it could have an impact down the line on health claims, pensions etc