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The Employment Rights Advice Blog

rss feed iconArticles, news and updates  on employment law in Ireland

for employees and employers

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 Losing your job

What next?

 

person facing white wall with banner stating What is your next step?Whether you have been dismissed from your employment, or have been made redundant, losing your job can be very traumatic. We take a look at how employment law protects you in Ireland.

What must my employer give me when I leave work?

The six P’s

  • P45

  • Payslip

  • Pay for work you have done

  • Pay for holiday pay due to you

  • Pay instead of notice, if you were not given the chance to work your notice period

  • Pension scheme information, where it applies

 

P45

Your employer is obliged by law to give you a P45 when you leave your employment. Your P45 is a summary of your pay and the tax, PRSI and Universal Social Charge deducted by your employer up to date of leaving.

If your employer does not furnish you with a P45, you should request it, preferably in writing. If they still fail to give you your P45, you should contact your local revenue office. They will contact your empoloyer and obtain the information, which they will then furnish to you.

Your P45 is needed in order to obtain social welfare benefits and claim a tax refund. Your new employer will need it in order to put you in the correct tax bracket and avoid the dredded emergency tax ( which is crippling)

 UPDATE Since 1st January 2019 the use of P45 and P60 has been discontinued.

See article End of P45 and P60 here

Payslip

You are entitled to a written statement of your salary and any authorised deductionss. This is usually referred to as a pay slip. This is laid down in the Payment of Wages Act 1991 . It can be in electronic or hard copy format. It lays out your gross salary and all deductions made from it.

 

Pay

This covers pay for work you have done and holiday pay.

Many claims arise from the non payment of wages. You are entitled to be paid for work you have done. If you have not been paid, you can take a claim through the Workplace Relations Commission. Redundancy or dismissal does not do away with the right to be paid.

You are entitled to be paid for any holidays which are due to you. This can include Public holidays where applicable.

For more on holidays see

For more on Public holidays see

 

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Pay instead of Notice

First of all you need to establish that you are entitled to notice. In order to avail of the minimum notice set out in the Minimum Notice and Terms of Employment Acts 1973-2005, you must have been working for your current employer for a minimum of thirteen weeks.

Check your contract of employment. If it gives you more than the minimum periods set out in the acts then you should get the increased notice period. If your contract gives you less than the statutory periods set out in the acts, that is invalid and the acts apply.

For more on Mimimum Notice and Terms of Employment see

 

 

Pension scheme information

Where there is a pension scheme in operation at work, of which you are a member,you are entitled to information regarding the scheme. You can decide to preserve your benefits within the scheme or transfer it to another scheme. You must have at least two years service in order to presewrve your benefits.

For more on pension transfer see

 

Am I entitled to a reference?

There is no statutory provision in Ireland that entitles an employee to a reference. It may be covered in your employment contract. You may be able to argue that it is standard practice in your industry. There is no specified length for a reference. It must however, be accurate and fair.

 

Where can I get more information and help?

If you believe that you were unfairly dismissed, or did not receive the correct amount of notice or pay please contact us using the orange Yes! Tell Me More button below and we will contact you at a time that suits. Please give as much detail as possible so that we will be better able to advise you. 

 

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