# RP9 form help



## alanb (27 Jun 2009)

im in abit of a fix and need some help,last feburary i was put on short time as things went slack,after the may bank holiday i returned back to do my remaining 2 days of my 3 day week to be handed a letter stating that from monday may 11th i was to be put on a temp lay off for 4 weeks,and if anything was to change i would be notified by the company,it is now almost entering the 8 week of my temp lay off,i havent heard anything from the company as regards to my position.i was exactly 2 years in the company on that may bank holiday.by law was i not suppost to recieve a RP9 form,telling me of the temp lay off and not just a company letter.think the boss is just waiting for people to give in and look for a p45,i certainly need mine to claim my mortgage protection as i cant afford to pay my mortgage,but im not givn up if im entitled to redundancy


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## Calebs Dad (28 Jun 2009)

Once you reach 4 weeks of temporary lay off, you can make a counter claim form for redundancy using the RP9 form. Once you make this claim, you employer has a week to respond. It is not law that an employer uses the RP9 form to put you on lay off, but it would be considered good for administration purposes.

   An employer may use Part A overleaf of this form to notify an employee of temporary lay off or temporary short time (lay off and short time are defined at the end of this page).

  An employee may use Part B overleaf of this form to notify his/her employer of intention to claim a redundancy lump sum payment in a lay off or short time situation.

 An employer may use Part C overleaf of this form to give counter notice to an employee who claims payment of a redundancy lump sum in a lay off/short time situation

 *DEFINITION OF LAY OFF AND SHORT TIME*​  A lay off situation exists when an employer suspends an employee's employment because there is no work available, when the employer expects the cessation of work to be temporary and when the employer notifies the employee to this effect.
 A short time working situation exists when an employer, because he/she has less work available for an employee than is normal, reduces that employee's earnings to less than half the normal week's earnings or reduces the number of hours of work to less than half the normal weekly hours, when the employer expects this reduction to be temporary and when the employer notifies the employee to this effect

 *PART B:*​   Notice of Intention to   claim Redundancy Lump Sum Payment in a LAY OFF/ SHORT TIME situation

   An employee who wishes to claim a redundancy lump   sum because of lay off/short time must serve notice of intention to claim in   writing within four weeks after lay off/short time ceases. In order to become   entitled to claim a redundancy lump sum on foot of a period of lay off, short   time or a mixture of both, that period must be at least four consecutive   weeks or a broken series of six weeks where all six fall within a   thirteen-week period. An employee who wishes to terminate his/her contract of   employment by reason of lay off or short time must give his/her employer the   notice required by his/her contract or if none is required, at least one   week's notice.

   An employee who claims and   receives a redundancy payment in respect of lay off or short time is deemed   to have voluntarily left his/her employment and therefore not entitled to   notice under the Minimum Notice and Terms of Employment Acts, 1973 to 2001.


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