Employer withholding pay

Zenify

I have a time sheet online and it gets updated daily by my employer. On the last day of the month I am supposed to approve it, which I normally do. I forgot to do it last month (new years eve) and I didnt get paid. I know I will eventually get paid but January is tough enough without any pay. Is my employer allowed to do that. I'd like to add that I wasnt working on that day and I am supposed to do it online anyway.

seamus

The employer isn't really withholding pay, you will get double pay at the end of this month as per the process.

The short answer is that yes they are allowed do that. Having a standard pay cycle is the done thing, so an employee running out of cash between cycles doesn't mean the company has to pay them early.

The fact that this was your error as opposed to the company's error also means that you don't have much of a leg to stand on. This is probably all in your contract.

If you're really stuck, many payroll departments will do an advance on your wages. This is in effect a zero-interest loan that's taken out of your next payslip and could get you over the hump. Other options might be asking your bank for a short-term loan or dipping into a credit card. There are only two weeks to go, so any interest payable would be tiny.

Zenify

Zenify wrote: »

I wasnt working on that day and I am supposed to do it online anyway.

Not trying to hijack and this point was raised by the OP, so curious if anyone knows what the legal position is if the OP is not scheduled to work and the time-sheet can only be input/approved or whatever on that day...?

They're not scheduled/rostered to work but the employer insists on work related activities... something that is happening more and more these days.

Surely if it's done online then it doesn't matter if they're rostered or not?

Zenify

It's not in the contract.

I accept this example is a minor point but extend it to emails/WhatsApp 'conferences' and other on-line activities - this is something beginning to bug me with the other half; she's not working but there's maybe 30 mins or so on days off with telecons/WhatsApp chats with area managers and the like.

But, perhaps another thread - not trying to hijack just saw a correlation to my situation with the "I wasnt working on that day" comment.

Dav010

Zenify wrote: »

It's not in the contract.

You neglected to input your hours for the month, and that is your employer’s fault?

BrianBoru00

Can you change the headline?
They aren't withholding pay. You have said yourself it was your omission.

Zenify

Dav010 wrote: »

You neglected to input your hours for the month, and that is your employer’s fault?

My employer puts in the hours, it's all there and I check it every day to make sure its right. If it's ever wrong I text that day. On the last day of the month a button appears on the schedule that says "approve schedule ". I just didnt push the button. I forgot to do it as I was very busy on New Years eve.

_Brian

What sort of contract are you on ??

Do your hours vary hugely ??

Sounds like the system recognised you didn’t complete any hours because you didn’t approve them. From their perspective you don’t get paid when no hours done.

Zenify

A zero hour contract but I'd work 5 days a week. I get paid per day not per hour. I rang the WRC and he said it's a gray area that there is no specific legislation for that. He said I could lodge a complaint if I wanted. Obviously that's not something I want to do.

Unanimous

Have you spoken to your employer asking for help?
Surely they will understand your point and will let you know if their hands are tied or not.
I am concerned on the relation you have with your employer that you are contacting WRC and boards before asking them if it is possible to help you get through the month.
Even if there was a legislation or if you lodge a complaint against them, what will it look like to them if you didn't raise the issue with them first.?

FionnB

Deleted User wrote: »

Surely if it's done online then it doesn't matter if they're rostered or not?

Of course it matters. Do work tasks not count if they are done online??

Zenify

Unanimous wrote: »

Have you spoken to your employer asking for help?
Surely they will understand your point and will let you know if their hands are tied or not.
I am concerned on the relation you have with your employer that you are contacting WRC and boards before asking them if it is possible to help you get through the month.
Even if there was a legislation or if you lodge a complaint against them, what will it look like to them if you didn't raise the issue with them first.?

This isn't as much about the money and needing help through the month. I contacted the employer straight away . It's more about the fact that this is allowed to happen, I think this shouldn't be allowed. Not just from my employer but any employer. I get paid per day and they told me to work x amount of days, there is no complication to that.

Dav010

FionnB wrote: »

Of course it matters. Do work tasks not count if they are done online??

Are you saying that you would refuse to approve your hours on the last day of the month, if you were not rostered to work?

Can you at all see, that it benefits you to just click once on approve, so that you can get paid?

OU812

You neglected to press the button (ask to be paid). How is this your employer's fault?

They're not withholding pay, you never told them you wanted paying.

charlietheminxx

OU812 wrote: »

You neglected to press the button (ask to be paid). How is this your employer's fault?

They're not withholding pay, you never told them you wanted paying.

I don't think that's fair when there's only one day you're allowed press the button. Anyone can get distracted, particularly over Xmas.

Dav010

charlietheminxx wrote: »

I don't think that's fair when there's only one day you're allowed press the button. Anyone can get distracted, particularly over Xmas.

Very true, but if you are distracted, it seems odd to say your employer is withholding your wages, don’t you think?

FionnB

FionnB wrote: »

Of course it matters. Do work tasks not count if they are done online??

It's not a work task. It's a "getting fcuking paid" task. You bet your ass It's the first thing I'd do that morning when I wake up.

Dav010

Zenify wrote: »

This isn't as much about the money and needing help through the month. I contacted the employer straight away . It's more about the fact that this is allowed to happen, I think this shouldn't be allowed. Not just from my employer but any employer. I get paid per day and they told me to work x amount of days, there is no complication to that.

If you don’t have set days, I think it is very fair that you are allowed review your hours worked on a daily basis, correct them instantly if they are wrong, and then approve them at the end of the month. This certainly is not complicated.

DesperateDan

OU812 wrote: »

you never told them you wanted paying.

Have you ever in your life worked in a job that forced you once a month to tell them you wanted paying?

Bizarre setup OP but it sounds like you have to play by their rules, no matter how ridiculous they are.

silver2020

It's ALWAYS someone else's fault.

Why can't people just simply accept they made an error and move on.

Calling in the WRC - FFS!

zerosugarbuzz

Hi OP, I think this is very harsh and leaning towards sharp practice by your employer. I cant give you legal advice but would advise you to call your local Citizens Advice Office and they will be able to give you accurate information. What industry are you in?

Bikerman2019

When you say you press the button to approve your hours, is this not a case of you are double checking their calculations about what you did?


So you are literally confirming they are correct in their reckoning of your wages and hours worked?


So accordingly, they worked out you were due "500 euro". But wont pay it until you confirm they are correct and have not fecked it up.


Seems an unusual way of doing it, but most certainly not a case where they are stopping payment of your wages. That's a crazy thing to say.

_Brian

silver2020 wrote: »

It's ALWAYS someone else's fault.

Why can't people just simply accept they made an error and move on.

Calling in the WRC - FFS!

This a thousand times over.
We’ve completely lost personal accountability.

DesperateDan

DesperateDan wrote: »

Have you ever in your life worked in a job that forced you once a month to tell them you wanted paying?

I've worked jobs where you had to submit proof of hours worked, expenses incurred, travel and subsistence etc. There has always been a cut-off point before payroll is submitted to the bank. If you miss the deadline, that's on your own head.

Dav010

DesperateDan wrote: »

Have you ever in your life worked in a job that forced you once a month to tell them you wanted paying?

Bizarre setup OP but it sounds like you have to play by their rules, no matter how ridiculous they are.

I’m pretty sure they know you want to be paid, giving the employee on a zero hour contract the opportunity to check the accuracy of the hours worked, and approve them for payment isn’t as ridiculous as you seem to think it is. It ensures accuracy and gives the employee the opportunity to correct any mistakes. Your take on it is bizarre though.

Mrs OBumble

DesperateDan wrote: »

Have you ever in your life worked in a job that forced you once a month to tell them you wanted paying?

Bizarre setup OP but it sounds like you have to play by their rules, no matter how ridiculous they are.

Yes. When I've been temping, I MUST submit an authorised time sheet or I don't get paid.

Seve OB

this thread is bizarre from all points of view!

DesperateDan

Dav010 wrote: »

Your take on it is bizarre though.

My take? I literally quoted OU812's take. We're now making up scenarios where the OP is on a zero hour contract, which was not mentioned.

I have worked four zero hour contracts, they all either had a clocking system or simply wrote down the hours and paid me (never needing me to verify).

Their process is the result of either a lack of trust in staff or management ineptitude (or both).

lawred2

_Brian wrote: »

This a thousand times over.
We’ve completely lost personal accountability.

I think we've completely lost hyperbole