What are my rights when it comes to the payment of my wages?
We examine legislation and contract of employment
When it comes to the payment of wages a lot of rights and entitlements apply. We look at a number of them.
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 deductions which can be made from it.
The National Minimum Wage Act 2000 introduced the minimum wage in Ireland. It applies to most employees. An experienced adult is defined as an employee who has employment of any kind in any two years and is over the age of eighteen years. Below minimum rates can apply to some groups, for example,those under 18 years of age. Certain sectors are covered by Employment Regulation Orders. The rules for calculating the hourly rate are set down in section 20 of the NationalMinimum Wage Act
If you seek to enforce your rights to a minimum wage you are protected under the act against being victimised. Also if you are dismissed for seeking your entitlements you can bring a claim for unfair dismissal regardless of number of hours worked per week or length of your service. For more see
Non payment of wages
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 employment appeals tribunal. Redundancy or dismissal does not do away with the right to be paid.
Taxation of benefits from employment
Most benefits received through work are taxable. Whether it is a benefit in kind or a benefit you will usually have to pay tax on it,
Some benefits are not taxable.
Equipment under the Cycle to Work scheme
Bus or train passes for one month
Certain share and profit schemes
Expenses , where incurred in the course of employment
Approved pension schemes
Certain types of accommodation allowances
Use of company items, such as mobile phones, computer equipment, company van where their use is essential for work and the private use is incidental.
The right to be paid on time
If you find that your employer is continuously late in making payment f your wages, grounds for making a complaint to a Rights Commissioner arise. You should take the matter up with your employer first.
Permitted deductions from wages
Some deductions from wages are allowed by law, for example PRSI , PAYE etc.
As a general rule, however, no deductions from wages are allowed without the written permission of the employee in advance of the deduction being made.
The permission may be contained in the contract of employment, more , in a term which can be express or implied, written or oral.
The amount of the deduction must be fair and reasonable. The employee must be given written notice of the existence of the term prior to any deduction being made.
This usually arises where an expense had been caused, or a till shortage has occurred, which is attributable to the employee.
There are an additional requirements where a deduction is made for acts or ommissions of the employee. The employer must give the employee written particulars of the act or ommission and the amount of deduction (or payment) at least one week before the deduction (or payment) is made and The deduction must be made within six months of the employer becoming aware of the act or omission.
The Payment of Wages Act 1991 does not apply to the overpayment of wages to the employee by the employer. The employer is entitled to deduct any overpayment of wages, but nothing in excess of the actual amount overpaid.
Time to complain
A complaint must be made to a Rights Commissioner within six months of the date of deduction (or payment) complained of. It takes time to prepare a complaint, so don’t delay.
Guide to the Payment of Wages Act, Download here
For more on Zero Hours contract see here
For more on unauthorised deductions COVID-19 case see here
What should I do if I have wages due to me which have not been paid?
Contact our experienced experts to discuss what you should do . Remember strict time limits apply. Find out your rights and protect them today.
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