# Am I allowed to apply for Jobseekers?



## AlmostReal (22 Mar 2011)

I've been working for nearly two years at a shop. I was hired originally on a part time basis, 3- 4 day a week with the possibility of 5 days a week ( Which I was happy with).

Things started well but the conditions in which I work have  gotten dramatically worse this year. I work 8-10 hours  a day, no breaks allowed. There is no central heating in the old building where I work and we ( The shop staff) are not allowed to bring in an electric heater or shut the door (Even during the very cold weather over christmas this year). I have an immune related eye condition which has gotten much worse due to this. The temperature dipped into minus figures inside this winter.

My boss has recently let go the other member of staff and given me her workload- this means a 7 day week. No sick days ect... She will only pay me in cash and keeps asking me how much I’m putting in my bank account witch makes me think she’s not paying the required amount of PRSI. In the beginning I was paid once a week but now it can be three or 4 weeks without payment. Or with only a fraction of the money I'm owed for the week.

I have complained. The boss said that because I don’t have a contract I’m not entitled to days off etc. and  if she fires me I won’t be entitled to SW.

I want to get a different job but due to the hours I work can not attend any interviews. ( I have sent some CVs off anyway). 

my question is, If I leave this job and go looking for an alternative can I apply for SW during the interim or will I be penalised for having left full time employment? I’m very willing to work and wouldn't be doing it except I’m exhausted, worried for my health and don’t know what else to do.


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## eastbono (22 Mar 2011)

AlmostReal said:


> I've been working for nearly two years at a shop. I was hired originally on a part time basis, 3- 4 day a week with the possibility of 5 days a week ( Which I was happy with).
> 
> Things started well but the conditions in which I work have  gotten dramatically worse this year. I work 8-10 hours  a day, no breaks allowed. There is no central heating in the old building where I work and we ( The shop staff) are not allowed to bring in an electric heater or shut the door (Even during the very cold weather over christmas this year). I have an immune related eye condition which has gotten much worse due to this. The temperature dipped into minus figures inside this winter.
> 
> ...



Do you  receive a payslip from your employer and if not why not. Ask for a payslip this will let you know if your employer is paying prsi for you (well not really they might put it on payslip but not be paying it) but it will be evidence if you have to leave the job or are let go that employer was taking prsi from you but not paying it in that situation employer will be investigated. You can leave your job and apply for jobseekers stating exactly what you have just stated here and you may not have to go through a disqualification period... it depends on how the DO (deciding officer) deals with your claim.


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## AlmostReal (22 Mar 2011)

Thanks for the reply. Once again. I got payslips last year but none so far this year. I will ask about it tomorrow.


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## Mrs Vimes (23 Mar 2011)

I am horrified reading of your employment conditions.  Unless you are exaggerating a ridiculous amount, you need to contact [broken link removed] immediately.

It is illegal to not allow breaks.
It is illegal to not give payslips.
It is illegal to not deduct paye and prsi and pay them over to Revenue.
It is illegal to work more than 48 hours a week.

Get onto nera, I assume they will tell you to quit your job, this will likely be considered constructive dismissal by social welfare so you will be entitled to sign on.

Then, get to a solicitor and sue the employer.

Sybil


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## Bazoo (25 Mar 2011)

I agree with Mrs Vimes.


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## beffers (25 Mar 2011)

So do I. The number of laws that this woman breaking defies belief. If she has let everyone else go, it looks like her business is not doing as well as she would like, but that is no excuse to screw with you, which she is clearly doing. She sounds like someone who is is using the recession and peoples fear of losing their jobs, to force people to work in unacceptable conditions. While you are job hunting, or making the decision to quit or not, I'd tell her that you have taken legal advice, and that your working conditions need to change re breaks, getting pay slips with PSRI deductions listed, days off etc etc. If she plays hard ball or she threatens to fire you, tell her that you will sue her for unfair dismissal. If she has even half a brain, she will know full well that the facts are all on your side.


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## wrixon (26 Mar 2011)

*am i allowed apply for jobseekers*

You may be entitled to Jobseekers benefit depending on your contributions for the year 2009, however,  you can apply for the jobseekers allowance which is means tested. 
You should immediately inform the staff in your local office regarding the employers refusal to give payslips, this also raises the issue of taxes  prsi etc.
Social Welfare will send out an Inspector to go through the books and with your information, the employer could end up in court. They will also inform the revenue


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