Non payment of PAYE + PRSI

S

Swatch

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To make a long story short, I recently discovered that my employer had not registered me as an employee, and therefore had not been paying any tax or PRSI on my behalf. I know it's hard to believe, and I should've have been aware of it, but as it is a reputable company, I believed everything was "above board".

I've been to the tax office and contacted the Social Welfare about this, but nothing is being done! I informed my employer of the situation and they "offered" to back date a couple of months, but I said they had to pay EVERYTHING that was owed, they agreed to this, and said I could check with the tax office to see if it had been paid.

I've rang the tax office and they won't give me any information!! Is it just me, or is this an absolutely ridiculous situation! My employer has broken the law, and seems to be able to do what ever they like, and no one, ie. Revenue seems to care about it! I just don't know what to do, I can't get answers from anyone! Surely I'm entitled to access my own personal information, especially when my employer has blatantly broken the law!!

The way I see it it seems employers can just do whatever they like, and there are no penalties that they have to worry about! As I've said I've contacted the tax office and also the P35 section in the tax office. Is there any way I can check to see if my employer has backdated everything owed?
 
Your employer's tax affairs are confidential between themselves and the Revenue and the Revenue have a legal obligation to uphold this confidentiality.
 
I understand that there needs to be confidentiality, but at the same time, I don't want to find out a few years down the line that my "trustworthy" employer never back dated the tax/PRSI on my behalf, and that I missed out on years of PRSI contributions simply because I couln't check my records. If my employer didn't register me in the first place, how am I supposed to believe that they've backdated my tax/PRSI? They must also be aware of the fact that the tax office can't give me the information.
 
Did you get a P60 at the end of each tax year that you worked

Try contacting the Dept of Social and Family Affairs See here

Anything here Note message in bold
You have the right by law to examine and get a statement of your PRSI record held by your employer
Click to expand...

Failing this contact your local policitian
 
As an employee its a legal requirement that you should get payslips outlining how much tax and prsi you're paying.

You should also get a written statement of the terms of employment, within two months of commencing employment.

You could complain to a Rights Commissioner of the Labour Relations Commission Tel: 01 660 9662

www.payback.ie
 
Thanks for the replys. No, I received no P60s, I 've been asking for my employer to give them to me and they keep putting it on the long finger, I can't keep asking them every week, plus I shouldn't have to! I just can't understand how they are able to get away with this, despite the fact that I contacted the tax office. I guess I'm just going to have to take it further.
 
Have you tried to ring the tax office paye section, for employees and asking them whats on your record. you are entitled to this information.
 
Yes I've rang the PAYE section alright, but they just said "sorry we can't give you that information", I told them the situation and that I needed to know if my employer made the returns, so they suggested ringing the P35 section, which I did, and the response I got there was "why are you ringing here, I can't give you any information regarding youre employer, the PAYE section shouldn't have told you to ring here!". At this stage I'm just so frustrated...
 
No, I received no P60s
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Have you mentioned this to the tax office. There is a legal requirement for the employer to issue P60's to all employees by 15th February following the year end.

Are there any other employees? Are they in the same boat as you?
Are you sure that you are an employee and not a contractor.
What type of business are you/employer in?
As you say this can't continue indefinetly.
You should also be able to ask if the employer has made his 10.75% PRSI contributions if you are class A on your behalf (Most employees). Contact Dept of Social & Family Affairs. If they refuse which I doubt tell them that you are requesting the info under the freedom of information Act
 
"Have you mentioned this to the tax office." Yea, that's what I don't understand - ie. I've told the tax office that the employer hasn't given me any P60's - they have it on record themselves that my employer has paid no tax/PRSI! And as you say, it's supposed to be a "legal requirement"!
I work for a small company, - I contacted previous employees regarding this, and they had some issues as well, but not to this extent. At the moment I'm the only one with this issue and I'm the longest working here!

I'm an employee alright rather than a contractor, as I get paid a weekly wage and my hours are always the same etc. I contacted the Social Welfare records section and they have no record of contributions since I've been here, but they don't seem to want to take it further unless I get an inspector involved. They said I could check back in a few weeks to see if anything has gone through, but they won't be able to tell me about 2005 contributions until near the end of the year. So there seems there is no definitive answer as to whether all contibutions have been made + are being made.
None of us get payslips, even though again, I have asked for them. No one has received a payslip since I've been here, it's just a really badly run business obviously.
Needless to say I don't want to work for a company who runs a business like this and treats their employees in this way, but I feel I need to sort this out before I hand in my notice as I don't want it dragging on.
 
If none of you get payslips, complain to a Rights Commissioner of the Labour Relations Commission Tel: 01 660 9662.
 
My friend has just found herself in the same situation. As she is new to this country she didn't understand the law but now she worries that if she tell sthe Revenue that they might start to look to her for back tax. Can you please advise?

Also the biggest problem is that while her employer doesn't pay her PRSI then she won't get all her medical and social entitlements as he has to be working a certain time (i.e. paying PRSI) before she can get these.
 
Is she getting a pay slip, if not complain to a Rights Commissioner of the Labour Relations Commission Tel: 01 660 9662.
The payslip should show the PRSI class she is on and how much is deducted and how much the employer is paying.
Contact welfare although they may not be able to provide much info until early next year. Could ask if the employer is making PRSI returns regularly and up to date.
Failing this contact the minister directly or your local politican, there are 3 to 5 in each constituancy.
Contact a trade union. AFAIK you don't have to be a member. They may be able to ask the relevant question
 
Swatch said:
Yes I've rang the PAYE section alright, but they just said "sorry we can't give you that information"
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Ring back the paye section and demand to be told this information. The original person you spoke to just didn't seem to want to help. There are (a few) helpful people in revenue, and hopefully you will get the rignt one next time.
 
ubiquitous said:
Your employer's tax affairs are confidential between themselves and the Revenue and the Revenue have a legal obligation to uphold this confidentiality.
Click to expand...

But a good part of the PRSI contributions come from the employee's pocket!

So ask revenue for your total PRSI contributions for the year. I had a friend who was caught out like this ten years ago but they only found out when the company went bust and they were left with reduced welfare payments because of it. Of course nothing happened to the employer!

This is theft.
 
askalot said:
But a good part of the PRSI contributions come from the employee's pocket!
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Do bear in mind that I am merely stating Revenue policy as mentioned above, not defending it. There is a genuine Catch 22 here as Revenue will have no means (initially at least) or measuring the employee's PAYE or PRSI contributions until and unless the employer makes a return of the details of same on their P35. If the employer defaults on this obligation, this is legally a matter between Revenue and the employer and technically no third party (even an affected employee) has a right to know the detail of any default or its consequences,
 
You could ask revenue and welfare the following:
  • Is your employer is making regular monthly (maybe quarterly now) returns P30. When was the last one made.
  • When was the last P35 returned legal requirement to do this by 15 February following year end. Due to the large number to be processed the last one 2005 may not be updated. Ask are you on it and how what are the figures. As far as I recall your Gross Pay, Tax Paid, PRSI employee and Total PRSI is returned.
If you do not get a reasonable answer ask to speak to his/her supervisor

You could also send in an email requesting the info.
 
Qawra said:
My friend has just found herself in the same situation. As she is new to this country she didn't understand the law but now she worries that if she tell sthe Revenue that they might start to look to her for back tax. Can you please advise?

Also the biggest problem is that while her employer doesn't pay her PRSI then she won't get all her medical and social entitlements as he has to be working a certain time (i.e. paying PRSI) before she can get these.
Click to expand...

The first thing I did, and would recommend doing is to contact the Revenue to check and see if she is registered with them. Does she have a PPS number? (I'm not sure what the situation is being new to the country) If she's not registered with them with her current employer it means the employer is definitely not paying any tax/PRSI. She's shouldn't be liable it's the employers responsibility to register their employees etc. that's my understanding anyway. She should definitely contact the Revenue though and explain the situation.
 
First of all the P30 details are irrelavant as it does not break down contributions per employee.

Swatch, how long have you been working for your employer?
 
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