Final Salary; Can employer deduct in full?

C

Clars1909

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I'm leaving my current job(voluntarily) and I was wondering what deductions are legal too make from my final paycheck apart from the usual dedication for pension, VHI etc.
I owe the company an amount for a qualification they paid for me to get. (I have to pay half back as I am leaving within a year of getting it). While I fully intend to pay the entire amount within the next couple of months, I was hoping that they could not take my final paycheck in entirety (which they would have to do to recoup the full amount at once).
I vaguely remember hearing something a few years ago about it being illegal for an employer to deduct the entire final paycheck or an employee unless it was due to dishonesty or negligence on the part of the employee. They have to leave the employee enough pay to live on or the minimum wage(I think).
I've also heard that they can't appropriate any taxback that may come through on your final pay.
I can't find anything in the Irish Employment rights or online that refers to this. Anyone familiar with this legislation or know if what I heard was true?

 
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Did you sign an agreement with the company for this?

If so I would think there is little comeback.
 
Yes I agreed to pay it back of course, and that if I didn't directly it would be deducted from pay which is fine normally as they would do it incrementally. But what I'm talking about is something outside my employment contract that makes sure an employer cannot take all of your last paycheck unless you've stolen from them! (in which case you'd prob be in jail so wouldn't be worrying about meals!)
I'll be starting a new job, so can pay them pack over a few months, it's just that HR are being really inflexible about being paid pack while I'm still an employee.
Something like this happened a work acquaintance of mine a few years ago and I'm sure she found out about some legislation that said they couldn't take the whole lot, which the employer didn't and totally backed down when she quoted it to them.
Unfortunately I'm not still in contact with her so can't ask what it was.
 
Clars1909 said:
Yes I agreed to pay it back of course, and that if I didn't directly it would be deducted from pay which is fine normally as they would do it incrementally.
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If the only reason you would have to pay it back is leaving the job then I don't know in what circumstances they would deduct it incrementally?

I'm afraid I don't know whether there is any such legislation.
 
I once left a job and had to pay back training fees to the employer. I came to an agreement with them to set up a standing order and paid it back over 12 months - perhaps you could approach them and ask if you could do the same?
 
Surely there is a provision for this situation in your employment contract

The "Payment of wages Act 1991" page 21 has most of the information you seek
 
I am in the same boat as you at the moment but I am pretty sure once you have agreed that they can deduct the fees paid (or a percentage) of them, they are entitled to deduct the entire amount from your last paycheck. One thing I have been wondering about is whether your employer is able to claim tax relief on any fees paid on your behalf - if so presumably you should only have to reimburse them for the amount they are actually out of pocket. Does anyone know if tax relief can be claimed by employers on educational fees and if so at what rate? It would be useful to know....
 
Does anyone know if tax relief can be claimed by employers on educational fees and if so at what rate? It would be useful to know....
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Any tax relief rec'd by the employer would be reversed when the training is repaid.
 
Dont think an employer claims tax relief in the same way an individual does - it's just a regular allowable expense which will reverse if you repay them--- if the amount you have to repay to them is over 2000 you can claim relief on the excess
 
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