Leaving work without being paid

Introduction

If you lose your job you have certain rights and entitlements including the right to be paid for work you have done. If you have not been paid by the date of dismissal or if you are still owed some wages, you have a legal entitlement to be paid for your work. The non-payment of your wages is a deduction from your pay by your employer – see 'Deductions from pay' below.

When you leave work

On the day your employment ends, that is the date of dismissal, there are certain things your employer should give you. They include the following:

• The pay you are owed and a payslip
• A P45 giving details of your pay with the tax and PRSI deducted to date
• If you have been made redundant, a RP50 certificate of redundancy and the redundancy payment due to you
• Your entitlement to notice and pay for holidays which you have not taken. You can read more about these in our document, Losing your job – entitlements.

Deductions from pay

The Payment of Wages Act 1991 regulates how your employer pays you, establishes your right to a payslip and states what legal deductions your employer can make from your pay.

Under Section 5 of the Act it is illegal for an employer to make a deduction from an employee’s wages unless the deduction is:

• Required by law, for example, tax (PAYE) and social insurance (PRSI)
• Provided for in the contract of employment, for example occupational pension contributions
• Made with your written consent, for example, trade union subscriptions
• To recover an overpayment of wages or expenses
• Required by a court order, for example, an attachment of earnings order in a family law case
• Arising due to you being on strike

Unlawful deductions

If you have left work and you have not been paid or if your pay is less than the amount due to you, this is an unlawful deduction under the Payment of Wages Act. The only exception to this is where the non-payment or missing amount is due to a mistake in calculating your pay.

So if you have lost your job but your employer has not paid the wages due to you, you can apply for compensation by making a complaint under the Payment of Wages Act 1991.