12 Pay Related Employment Claims Employers and Employees Should Know About

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non-payment-of-wages

Are you an employer?

Employee?

Complaints can be made by employees in respect of pay to the Workplace Relations Commission (WRC).

Here are 12 you should be aware of, with the relevant legislation underneath:

 

  1. I do not receive the National Minimum rate of pay

Section 14 of the National Minimum Wage Act, 2000 is the relevant law.

 

  1. I am not given compensation for working on a Sunday

See section 14(1) of the Organisation of Working Time act, 1997.

 

  1. I do not get a payslip

Section 4 of the Payment of Wages act, 1991.

 

  1. My payslip does not show the gross wages payable and/or the amount of any deductions.

Section 4 of the Payment of Wages act, 1991.

 

  1. My employer has made an unlawful deduction from my wages.

Section 5 of the Payment of Wages act, 1991.

 

  1. My employer has not paid me or has paid me less than the amount due to me.

Section 5 of the Payment of Wages act, 1991.

 

  1. My employer pays me by a method other than that legally prescribed.

Section 2 of the Payment of Wages act, 1991.

 

  1. My employer is not keeping statutory employment records.

A wide range of employment legislation provides for this eg Organisation of Working Time Act, 1997.

 

  1. I did not receive my paid holiday/annual leave entitlement.

Section 19 and 20 Organisation of Working Time Act, 1997.

 

  1. I have not received my Public Holiday entitlements.

Section 21 and 22 Organisation of Working Time Act, 1997.

 

11. I did not receive the appropriate payment in lieu of notice of termination of my

Section 7 Minimum Notice and Terms of Employment Act, 1973.

 

  1. I did not receive a statement of my average hourly rate of pay.

Section 23, National Minimum Wage Act, 2000.

 

In addition to going to the WRC with a complaint an employee can always go to the Civil Courts and sue for breach of contract, depending on the circumstances.