i have workd wit an engineering company for the last 12 years, i havnt worked for them for the last 3 mths as they have told me there isnt any work available and have ignored my calls since. i sent in my rp9 form two weeks ago and i still havnt heard anything. where do i stand with recieving redundancy and what should my next step be to recieve redundency?
I have sent in my RP9 form to my employer 2 weeks ago and the hav ignored this.
.Your employer must give you at least 2 weeks' notice of the redundancy using "Redundancy Notification" - section A of form RP50. On the date of the termination of employment your employer must give you a "Redundancy Certificate" - section B of form RP50 - and should pay the redundancy lump sum due to you.If your employer has not paid your redundancy lump sum, you should apply to your employer for it using form RP 7). If your employer still refuses to pay it, you can apply to the Department of Social Protection for direct payment from the Social Insurance Fund. You apply online using form RP50 as follows:If your employer is unable to pay your redundancy lump sum, they should sign the RP50 and submit a letter from an accountant or solicitor stating they are unable to pay and accepting liability for the 85% (since 1 January 2012) owing to the Social Insurance Fund. Documentary evidence such as audited accounts should also be included.If your employer refuses to pay your redundancy lump sum or if there is a dispute about redundancy you can bring a claim to the Employment Appeals Tribunal using the new single complaint form. This must be done within one year of your dismissal. Then you apply for your lump sum by sending a completed form RP50 together with a favourable decision from the Employment Appeals TribunalInsolvency: If the company has been liquidated or is in receivership, the completed form RP50 should be sent in by the liquidator or receiver on behalf of the employees.The application for payment from the Social Insurance Fund should be sent to the Redundancy Payments Section, Floor 2, Department of Social Protection, Block C, The Earlsfort Centre, Lower Hatch Street, Dublin 2.For further information about the Redundancy Payments Scheme contact Workplace Relations Customer Services.
B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
the problem is is that they are telling me that they are tryn to get work but i kno that they r not because they havnt rang me in two mths. i have heard from other workers there that have said that they will not b handing out reundency payment as there will b work. if work does come up they can only give me a few weeks and let me go again. they also have not replyed to the RP9 form that i hav sent to them two weeks ago, arent they legally obliged to reply to this.? and if they dont reply what is the next step I can take.
If a lay-off situation exists and has continued for 4 weeks or more, or for 6 weeks in the last 13 weeks, you may give your employer a notice in writing of your intention to claim redundancy under the Redundancy Payments Acts 1967-2007 -. You must do this no later than 4 weeks after the period of lay off or short time has ended. This is what you have done in forwarding your RP9Unless your employer gives you a counter-notice within 7 days of your notice, you are entitled to a redundancy payment. If your employer gives you a counter-notice within the allotted time, it must be to the effect that within 4 weeks of the date of your claim for redundancy, it will be possible to offer you not less than 13 weeks work without lay off or short time.if they are failing to adhere to the above then they are in breach of the redundancy act and you will need to pursue it by lodging a formal complaint with the Emploment Appeals tribunal within 6 months. The relevant form is available from the EAT websitehttp://www.eatribunal.ie/en/intro/introduction.aspxYou should note that if you claim redundancy in this way you are considered to have left your job voluntarily and therefore you will lose any right to notice from your employer under the Minimum Notice and Terms of Employment Acts 1973-2001. However if you have been laid off and you are subsequently made redundant by your employer you do not lose your notice entitlements.
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