When you are regularly paid late
Information
If your employer is regularly late when paying your wages but you are still employed, then there are procedures you can use to enforce your legal right to be paid according to your terms and conditions of employment.
You are entitled to be paid on time as part of your contract of employment. First, you should try to resolve this dispute about pay with your employer using any internal complaint or grievances procedures that are available. Then, if this does not work, and your employer is still paying you late, you may make a formal complaint to the Rights Commissioner Service. At both stages of these procedures you should use any supports available, for example, a trade union or your local Citizens Information Centre to help you get your legal right to payment on time.
Resolving the dispute with your employer
You should start by asking your employer to pay you on time and to pay any arrears of pay that are due. Your written terms of employment should state when you are paid, for example, weekly or monthly. If there is a complaint or grievance procedure at your work you should use this. The Labour Relations Commission’s Code of Practice: Grievance and Disciplinary Procedures states that employers should have written grievance and disciplinary procedures and they should give employees copies of these at the start of their employment. If your employer does not have a grievance procedure or if it is not possible to resolve this dispute within your workplace, you may have no other choice but to bring a complaint.
Making a complaint
Your dispute with your employer is a trade dispute which is defined in the Industrial Relations Act 1990 as “any dispute between employers and workers which is connected with the employment or non-employment, or the terms or conditions of or affecting the employment, of any person”.
Under section 13 of the Industrial Relations Act 1969 the Rights Commissioners have the power to investigate certain trade disputes.They investigate disputes, grievances and claims that individuals or small groups of workers make under a range of employment legislation.
Your complaint is not covered by specific legislation such as the Payment of Wages Act 1991. Instead, your complaint, which is a trade dispute as defined above, should be made under the Industrial Relations Acts 1969-2001 – see ‘How to apply’ below. Under this legislation if your employer objects to a Rights Commissioner hearing you would have to refer the matter to the Labour Court.
Following the investigation of your complaint, the Rights Commissioner issues a recommendation. This recommendation is not binding on either you or your employer. Either of you may appeal this recommendation to the Labour Court. The Labour Court’s decision on the appeal is binding on both you and your employer.
Alternatively you could make a complaint under the Terms of Employment (Information) Acts 1994 and 2001 – see ‘How to apply’ below. If you are regularly being paid late, this means you are not being paid in accordance with your written terms of employment.
If you are consistently paid late by your employer you may also consider that you have no choice but to resign and claim constructive dismissal because your employer has breached the terms of your contract. Before you do this, you should always seek detailed legal advice as proving constructive dismissal can often be difficult.
How to apply
If you are regularly being paid late, you can either make a complaint under the Industrial Relations Acts 1969-2001 or you can bring a complaint under the Terms of Employment (Information) Act 1994 and 2001 using the new single complaint form.
You must make the complaint while you are in employment or within 6 months of leaving your employment.
For further information about your employment rights contact Workplace Relations Customer Services - see 'Where to apply' below.
Where to apply
Workplace Relations Customer Services
(formerly Information Services of the National Employment Rights Authority)
Department of Jobs, Enterprise and Innovation
O'Brien Road
Carlow
Ireland
Opening Hours: Mon. to Fri. 9.30am to 5pm
Tel: (059) 917 8990
Locall: 1890 80 80 90
Homepage: http://www.workplacerelations.ie/en/
Language
Related Documents
- Labour Relations Commission
The Labour Relations Commission is responsible for promoting good industrial relations which it does by providing a range of mediation services. - Rights Commissioner Service
Rights Commissioners in Ireland investigate disputes, grievances and claims that individuals or small groups of workers make under certain employment legislation. - Employment law update
Employment law has changed considerably in the past decade. If you have been out of workforce, it's important to be aware of recent changes in employment legislation and of proposed changes
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.