working for distressed small co. being paid in drips and drabs, no pay slips, rights?

Hi

I'm sorry if this is the wrong forum but here goes.

My Husband is working for a small business which is treading water to say the least.

He is not getting paid properly he gets paid in dribs and drabs we are never sure of his wages even though the boss is full of promises that things will get better. This is going on since last summer.

He is owed about a month and a half salary and still hasn't got paid fully for Dec last not to mind Jan.

He has worked here for 5 yrs and up to last Summer there was no issue with pay.

There are no other jobs in his field because if there were trust me he wold be gone. What are his rights? Anyone any suggestions? Anyone in the same situation?

I have to say I am worried as we have very young children and it's starting to come between me and my sleep.

Is he an employee or a contractor. Does he get a wage slip every week/month.

He used to but not since all this started.

He is an employee.

Ive expanded the title.

aj
moderator

What's his relationship with his boss like? Can he sit down and have a frank conversation with him? Does he know what the problems are? eg is it not enough business coming in or that the coming is not getting paid on time or at all?

Not enough business. He jas ahad a frank chat a few time but there is no enough business. But we have bills to pay......

It sounds like your husband is not getting paid for the work he does but he has no real alternatives for other work in his area? so his choices are continue to work, running a reasonable risk of not getting paid, or quit and have no income (other than JS etc)

Does he need to work there fulltime - by that I mean, is there enough work to keep him busy fulltime? perhaps if it would be difficult finding another job he could come to an arrangement with his boss to work reduced hours giving him more time to look for another job or re-train somewhere else, while the company would have the benefit of smaller salary payments which might mean there was more chance of them making the payments? Things might pick up in the firm and he could get back to full hours at some stage

Just wondering what type of business your husband is employed in .

Is it a seasonal , or have you a consistent busy periods all year round .

With young children , you should enquire about claiming FIS ( Family Income Supplement )

If he receives payslips / P60 , make sure you keep them safely .

Right - so you have no current payslips , He should apply for FIS and go through the process .
When SW write back to you looking for additional information , you hand the letter to your employer and ask him to fill in the details .

Thanks for replies he is in advertising I have a good job too so SW wouldn't want to know us! If he was getting paid properly we would be fine.It's not really about claiming benifits. We're just stuck between a rock and a hard place. Millieforbes hit the nail on the head really.

''It sounds like your husband is not getting paid for the work he does but he has no real alternatives for other work in his area? so his choices are continue to work, running a reasonable risk of not getting paid, or quit and have no income (other than JS etc)''

It's just so dodgy and is all based on trust i.e. to trust his boss to pay him but my husband and I are finding it increasingly worrying as although he does get paid it is in dribs and drabs and like everyone we have mortgage to pay childcare etc etc.
He is looking for other work but as everyone knows there is nothing out there. Is anyone else in arrears with their pay? anyone any bright ideas?
If my husband does walk away we fear he will not be entitled to jsa as he effectively resigned and he feels will loose any money owing to him for work done.....in the region of 5k at this stage. We are surviving thanks to family and living vfrugually. But we can't borrow anymore from family and are running out of savings.

I think you need to engage properly with the employer. Write down all the points you need to make. You need to get paid weekly. You need a payslip. You are owed x amount. You are willing to go onto a 3 day week which would save both of you money as SW will pay you for 2 days. Leaving a job on the grounds of not getting paid is not walking away. SW will pay you. Sounds to me like your employer is taking advantage and I would be surprised if he's not paying revenue either.Important thing here is a payslip. This is a must. Start at that point, think it out, ask for a few pointers off others and then do your approach. Just be careful at this point when replying to the post that you do not give any information that may give away your identity here on AAM.

Thanks elcato it's a lot to think about. He has repeatedly said all of the above to his boss it is so so frustrating. The boss always says he doesn't mind if he leaves....knowing full well there is nothing for him to go to. It's so disappointing because he has a good job........if only he was paid!!

His boss is not allowed to hold back pay or to not furnish a payslip. He needs to remind him of this next time he says he can leave.

I'm sorry if I come across as arguementative but he has said this on numerous occasions. His boss just keeps saying things will get better. It's so lousy I feel like going in myself at this stage and having a word!! imagine! My husband is worn out from this because like anyone he just wants to do his job.

I don't think you're coming across as argumentative. As I say you need to nail down this guy with a formal chat and get answers, possibly, in writing. The payslip is an issue he needs to get a definite answer on as I suspect that the employer may well use the defence that he is a contractor now. You really need to get this position clarified. I know it's a pain but it's better knowing where you stand regarding this even if it means walking away.

elcato said:

I don't think you're coming across as argumentative. As I say you need to nail down this guy with a formal chat and get answers, possibly, in writing. The payslip is an issue he needs to get a definite answer on as I suspect that the employer may well use the defence that he is a contractor now. You really need to get this position clarified. I know it's a pain but it's better knowing where you stand regarding this even if it means walking away.

Click to expand...

Yes, Casper4 as pointed out. Its best if you put it all in writing, perhaps register the letter, get your husband to sign it & hold onto one copy for himself, and stick it in the post to his employer, get him to do this is best.

He has no right to tell your husband to leave. Don't panic at all Casper4, under the Irish Constitution your husband will be protected should his employer ever dismisses him. Also under the Unfair Dismissals Act of 1977/1993 your husband is entitled to Fair Procedures (should his employer ever threaten him with some form of mis-conduct).

By the way, tell your husband to stick to his job & not leave. Get that letter to his employer requesting the amount owed, the dates etc & request those payslips. Its important to register the letter.

If you want get your husband to quote the attached Payment of Wages Act 1991, see attached link: http://www.irishstatutebook.ie/1991/en/act/pub/0025/sec0004.html#sec4

Remember the Law as it stands is on your husbands side, so have him remain cool & calm about it. Best of luck

Some good advice given. When your husband is paid is he advised that PRSA and tax, etc has been deducted or is the payment into his hand? It would be a good idea to check with Revenue that payments were forwarded for previous years and in the event it reaches the stage where your husband is let go or decides he can no longer continue in the job that he is entitled to his various benefits. If deductions have not been forwarded to Revenue for previous years that is a serious situation for his employer.