# Redundancy Pay - from a US company??



## Nashville (27 Oct 2011)

I've been working for a US based company for just under three years,  working remotely from a home office (though I have been paid every month  through an Irish company that they pay my wage to, so my taxes etc get  paid in Ireland).

I've been told that the company will probably soon be letting me go as  they will soon be restructuring in Europe and won't need my role any  longer. Does anyone have any experience of claiming/pursuing redundancy  pay in this situation? My line manager is convinced that the company  will just refuse to pay me, as it's not how they operate in the US. I  should add that I also have no paper contract with this company - no one  does, though I am a permanent employee. 

Any advice/tips would be appreciated.


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## ClubMan (27 Oct 2011)

If you are a full time employee the I would imagine that you would be entitled to at least statutory redundancy if you are made redundant. 

http://www.citizensinformation.ie/e...edundancy/redundancy/redundancy_payments.html

Anything above and beyond that is a contractual matter between you and the employer.

If you cannot clarify matters by talking to your employer (or even if you can but want a second opinion) then it might be worth trying to contact _NERA_:

[broken link removed]


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## Nashville (27 Oct 2011)

Thanks for that. Yes, I think that all I would get out of them is statutory, but my line manager believes that they will not even pay me that - does anyone know what recourse I have in this situation - where the company have no office here - except my line manager's (home) office?


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## ClubMan (27 Oct 2011)

Do the links above not help with regard to enforcing your right to statutory payment if necessary? 

I presume that you are registered for _PAYE/PRSI _etc. so there is an employer _PPSN _at least to identify the company?


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## Nashville (27 Oct 2011)

Yes, I am, but the employer PPSN is that of my line manager's company (he pays my wages through this I think, and then gets reimbursed by the US company).


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## Nashville (27 Oct 2011)

PS, I know that I am fully entitled to it, what I really want to know is what I can do if the company refuse to pay it, given that they are US based.


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## ClubMan (27 Oct 2011)

Nashville said:


> Yes, I am, but the employer PPSN is that of my line manager's company (he pays my wages through this I think, and then gets reimbursed by the US company).


I don't really understand this - surely whoever pays you is your employer?


Nashville said:


> PS, I know that I am fully entitled to it, what  I really want to know is what I can do if the company refuse to pay it,  given that they are US based.


http://www.citizensinformation.ie/e...cy/redundancy/redundancy_payments.html#ld1a9a


> If your employer refuses to pay your redundancy lump sum or if there is a     dispute about redundancy you can bring a claim to the [broken link removed] using [broken link removed] This must be done within one year of your dismissal.     To apply for your lump sum you should send a completed form RP50 together     with a favourable decision from the Employment Appeals Tribunal


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## Nashville (27 Oct 2011)

Technically, I suppose so, yes - but my employer is actually the US company, who just pay my boss my wages to pay to me, as they are not set up to pay tax etc in Ireland.


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## DB74 (27 Oct 2011)

The upshot is that you cannot employ someone is this country without being registered as an employer first

Your line manager or whoever has facilitated your employment by allowing the US company to use his tax number to pay you so in the eyes of the State he is your employer and he is who you should pursue for the redundancy

It's hard enough getting some employers to pay redundancy. You have next to no chance with a US company who aren't even registered in Ireland.


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## thesimpsons (27 Oct 2011)

do you actually get regular payslips and P60s at year end?  If you do (and by law you should be getting these)  they should have the employer listed on them and the employers registered number.  This is who you persue for redundancy if they claim they aren't playing.  are  you sure your tax/prsi deductions are being forwarded to revenue each month ?


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## Deiseblue (28 Oct 2011)

If your employer is unable to or refuses to pay & you are eligible for statutory redundancy payment , you can claim from the Social Insurance Fund.

For the relevant information see www.citizensinformation.ie & check under  "redundancy payments"

Clubman has posted all the relevant info above.


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## flossie (1 Nov 2011)

Nashville,

I also work for a large US company and am based in Ireland working from a home office. 3 of us work for my company. I get paid in € by a compnay contracted to sort out pay, taxes etc. and I have an Irish employment contract. Are you on an Irish contract or international?

When i transferred back to Ireland I was told that I am entitled to all statutory local entitlements including redundancy, maternity etc. As mentioned above when employed locally by an overseas company and on a local contract the employer must be registered, and so you shouldn't have an issue getting your statutory allowance. I actually find that as an American company we typically get very good benefits, and so it could be worth askign what these are in the case of redundancy etc. 

Is there a way that you could be redeployed to another area, or possibly overseas (if you were willing to do that?)


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## Mpsox (1 Nov 2011)

Nashville said:


> Technically, I suppose so, yes - but my employer is actually the US company, who just pay my boss my wages to pay to me, as they are not set up to pay tax etc in Ireland.


 
I can't help wondering if your line manager is actually your legal employer, since he is the person who is paying you. You probably need advice from a good employment law solicitor


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