Losing Your Job

The shock of losing a job, or the prospect of reduced hours / pay, can be acute and traumatic for people. It is very important that you understand options that may be offered and how those options will affect you.

Losing your job – Short-time
A short-time situation occurs when there is a reduction in the amount of work available, and applies where the reduction to your pay or hours is less than half the normal weekly amount of your normal pay/hours. Short-time is a
change to your terms and conditions of employment and must be agreed with you. This must be a temporary situation and your employer must notify you before the reduction in hours/pay starts.

 

Losing your job – Lay off
A lay-off situation arises where your employer is temporarily unable to provide work for you. Your employer can lay you off if it is in your contract of employment or it is custom and practice in your workplace. Lay-off is a change to your terms and conditions of employment and must be agreed with you, unless it is a term of the contract or if it is custom and practice in the industry. This must be a temporary situation and your employer must notify you before the reduction in hours/pay starts. 


Losing your Job – Redundancy (Short-Time and Lay-off)
If you do not agree to Short-time or Lay-off your employer could seek to make you redundant. If a short-time or lay-off situation exists and has continued for 4 weeks or more, or for 6 weeks in the last 13 weeks, and your employer cannot guarantee you at least 13 weeks employment, at your full hours and rate of pay, you may be able to claim redundancy.
This is considered voluntary redundancy and you are not entitled to notice or pay in lieu of notice. It is the responsibility of the employer to pay statutory redundancy to all its eligible employees. Where an employer can prove to the satisfaction of the Department that he/she is unable to pay the statutory redundancy to his/her employees the Department will make lump sum payments directly to the employees and will seek to recover the debt from the employer. If claiming a redundancy lump sum payment from the Department of Employment Affairs and Social Protection you will need to complete the RP50 application form which must be signed by the employee and employer. (If your employer is unable to pay your redundancy lump sum, they should follow the steps below:
Complete and submit the RP50 form online
• Print a copy of the completed form and get the employer and employee to sign it
• Post the signed form to the Redundancy and Insolvency Section of the DEASP – see “Where to apply below”. (Include a letter with the form from an accountant or solicitor stating that the employer is unable to pay the redundancy lump sum and is accepting liability for 100% of the lump sum owing to the Social Insurance Fund. Documentary evidence such as audited accounts should also be included). There is no limit on the number of times an employer may put an employee on short-time or lay-off, as long as the employer can guarantee at least 13 weeks employment. However, if it becomes apparent that the short-time or lay-off is no longer temporary then the situation could be considered a redundancy. For more information on this subject contact the INOU by telephone on (01) 856 0088 or by e-mail: welfare@inou.ieCLICK for Back to top menu

 

Losing your Job – Claiming a Jobseekers payment
If your hours of work are reduced so that you are unemployed for at least 4 out of 7 consecutive days you may be entitled to a Jobseekers payment from the Department of Employment Affairs and Social Protection. Access to a Jobseekers payment is not automatic, you must satisfy the qualification conditions associated with a Jobseekers payment.

If your hours of work are reduced and you seek to claim a Jobseekers payment;
• You must be genuinely seeking full-time employment, not just part-time employment to make up the days you have ‘lost’;
• You must be able to provide proof that you are genuinely seeking full-time employment as may be requested by the Department of Employment Affairs and Social Protection (DEASP) in support of your claim;
• You must engage with the Department of Employment Affairs and Social Protection (DEASP) in relation to any scheme or programme of employment or work experience, a course of education, training or development, which
is considered appropriate having regard to your education, training and development needs and of your personal circumstances.
• Satisfy the PRSI requirement for Jobseeker’s Benefit (JB) and satisfy the Habitual Residence Condition (HRC) and Means Test for Jobseeker’s Allowance. CLICK for Back to top menu

 

Losing your Job – Genuinely Seeking Work (JB and JA)
In order to qualify for a Jobseekers payment you must prove that you are genuinely seeking work. This means that you must be able to show that you:
• Have made any reasonable efforts to find work prior to losing your job, where it was possible;
• Are willing to accept any reasonable offer of employment based on your skills, qualifications and experience;
• Are willing to accept any reasonable offer of training, re-training, work experience or education to improve your prospects of finding employment;
• Able to show that you have, in the relevant period, taken reasonable steps which offer you the best prospects of getting employment.

You will be expected to use all available services and supports to help you seek employment, see Chapter 3, and have proof of your job seeking efforts.  CLICK for Back to top menu


Losing your Job – Working on a Sunday
• Jobseeker’s Allowance: Sunday is treated as a day of employment and taken into account when calculating the amount of Jobseeker’s Allowance you will qualify for. Income from employment on a Sunday will be assessed as means when calculating entitlement to Jobseeker’s Allowance.
• Jobseeker’s Benefit: Sunday is treated as a day of employment and taken into account when calculating the amount of Jobseeker’s Benefit paid.
• Jobseeker’s Benefit: Where a person in receipt of Jobseeker’s Benefit is working for part of a week, the payment entitlement will be based on a 5- day week rather than a 6-day week, this means that you will lose 1/5 of your weekly payment for each day that you work – see Jobseeker’s Benefit in this chapter more information.

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Losing your Job – Jobseeker’s Benefit and PRSI
To qualify for Jobseeker’s Benefit you must have enough PRSI contributions and must have suffered a substantial loss of employment in any period of 7 consecutive days. This means, you must have lost at least one day’s employment and as a result of this loss be unemployed for at least 4 days out of 7 days. Your earnings must also have been reduced because of the loss of employment. Please see Chapter 2 for more detailed information on Jobseeker’s Benefit
If your employer reduces your days at work to 3 days a week or less, and you do not qualify for Jobseeker’s Benefit, you may get Jobseeker’s Allowance for the other days. You must meet the other conditions that apply to Jobseeker’s Allowance.
It may be possible to get Working Family Payment (WFP) if you have qualified children and your pay or hours are reduced. You cannot receive Working Family Payment (WFP) and a Jobseekers payment for the same period. Please see Working Family Payment (WFP) in the previous pages of this chapter.

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Losing your Job – One Parent Family Payment (OFP)
If you are a One-Parent Family and you lose all or part of your job you may qualify for One-Parent Family Payment (OFP). In order to qualify for a payment you must be parenting alone, have at least one child under the age of 7 and satisfy a means test.
Please see the One-Parent Family Payment section in this chapter for more information or contact the INOU by telephone on (01) 856 0088 or by e-mail: welfare@inou.ieCLICK for Back to top menu

 

Losing your Job – Jobseeker’s Transitional Payment (JST)
Jobseeker’s Transitional Payment is a special arrangement under the Jobseeker’s Allowance scheme that aims to support parents who are parenting alone, who do not qualify for One-Parent Family Payment (OFP) and who are not cohabiting, into the workforce while they have young children.
If your youngest child is aged between 7 and 13 years inclusive, you can apply for Jobseeker’s Transitional Payment if you;
• are parenting alone and not cohabiting;
• are habitually resident in Ireland;
• are capable of work, and
• satisfy the means test.
If you are unemployed and claiming Jobseeker’s Transitional Payment (JST):
• you do not have to be available for full-time work or genuinely seeking work.
• You must participate in employment activation measures and you must participate in any recommended course of education, training or employment programme. If you do not participate you may be paid a lower amount of JST (a penalty rate).
• The 4-in-7 rule does not apply (you do not have to be fully unemployed for 4 out of 7 days). This means that you could work part-time for 5 days, for example.

Please see the Jobseeker’s Transitional Payment section in this chapter for more information or contact the INOU by telephone on (01) 856 0088 or by e-mail: welfare@inou.ieCLICK for Back to top menu

 

Losing your Job – Working Family Payment (WFP)
If you lose part of your job, and you have dependent children, you may be able to claim Working Family Payment (WFP) which is a tax-free payment for employees who work at least 38 hours per week. You cannot claim Working
Family Payment (WFP) if you are claiming either Jobseeker’s Benefit (JB) or Jobseeker’s Allowance (JA).

Please see the Working Family Payment (WFP) section in this chapter for more information or contact the INOU by telephone on (01) 856 0088 or by e-mail: welfare@inou.ieCLICK for Back to top menu

 

Losing your Job – Entitlement to Redundancy
Employed – for 104 weeks continuously.
• Employees who have more than 104 week’s continuous service in insurable employment for all benefits under the Social Welfare Acts and are made redundant as a result of a genuine redundancy situation are entitled to a
Statutory Redundancy payment by law.


Employed – for less than 104 weeks continuously
• Employees who have less than 104 weeks continuous service are not entitled to a Statutory Redundancy payment.  CLICK for Back to top menu