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  1. Sad
    #1

    Salary not paid (yet), what are my rights?

    So the company I work for is in trouble. They claim money is coming, but salaries are now 3 days overdue (paid monthly) and I honestly don't know if I can believe it. I've bumped up the overdraft to max, but the credit card is scheduled to be repaid in full tonight from that, and within a few days after that other payments are gonna get missed such as mortgage and power. After that it's fuel (so I can't even get to work anymore) and food.

    What are my rights in this situation? Can I expect work to repay me for all the missed payment fees, interest on overdraft and credit card etc? Do I step to WINZ now and say "I'm not unemployed yet but I might as well be"?

    What a prick of a situation. :/

  2. Post
    #2
    I keep 6 weeks of salary for my staff in my account at all times, before I get paid. I also have an overdraft against my house I'd use to pay them if I had to.

    Get a job somewhere else if they won't pay immediately. They're irresponsible assholes.

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    #3
    Yeah I'd love to be in a position where I had a buffer but we've been living on the bones of our ass for a while now and it's just completely the wrong time for shit to go tits-up.

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    #4
    Paid monthly... damn. There are times that this would have got me into trouble too.

    I believe employees are preferential creditors if the company all goes to shit, so you have a reasonable chance of getting your money eventually, I wouldn't think you'd be likely to recover the incidental costs of this whole thing though.

    As for the short term, you're kinda shit out of luck. Aside from crossing your fingers and looking for a new job not a lot you can do. I'd probably look to get in touch with the bank re: mortgage prior to that really blowing up though.

    Cold comfort is that you'll find out pretty quickly, I doubt they can fob off the whole workforce (and their other creditors) for long.

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    #5
    A Corpse wrote:
    Yeah I'd love to be in a position where I had a buffer but we've been living on the bones of our ass for a while now and it's just completely the wrong time for shit to go tits-up.
    You'll be better off doing any job anywhere else. Even allied work force. Get some money coming in to steady yourself then work it out from there.

    What region are u in? Someone here can find you work I'm sure.

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    #6
    Yeah any paying job is better than one that doesn't pay. Can you cancel the CC payment?

    I don't know the ins and outs of not showing up for work. But if I wasn't getting paid, i'd be doing a quick google on that, then i'd be no longer showing up (unless google showed this would impact me further). I doubt they can withhold pay if you don't show up. Excluding the situation whereby they go under and you don't get paid.

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    #7
    Yeah I'm sure they'll always owe you what they owe you.

    Get some legal advice ASAP then talk to your employer.

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    #8
    Also just stretch out the credit card in the short term. It's expensive credit, but it's credit. Or top it up and live off it for another 30-40 days

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    #9
    WillAY wrote:
    Paid monthly... damn. There are times that this would have got me into trouble too.

    I believe employees are preferential creditors if the company all goes to shit
    Unfortunately, and sadly, this is not true - Employees are trumped by secured creditors

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    #10
    Id talk to WINZ regardless, you have nothing to loose besides your ego. Im sure they can be of assistance for situations like these and you certainly have all the evident to back claims up so should get a payment the next day or two if approved. You probably also ring the bank and explain the situation and they may been of some help too. Anything is better than ticking more up.

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    #11
    Rather than winz just go get a minimum wage gig at worst.

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    #12
    Paid monthly?

    You're giving them credit as well as not being paid.

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    #13
    Monthly pay isn't super uncommon especially for salaries.

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    #14
    bradc wrote:
    Rather than winz just go get a minimum wage gig at worst.
    No reason not to do both this situation, it's not like he's going on the unemployment benefit (which he probably couldn't currently get anyway). Would still have to go through the process of getting a job which can be a pita regardless of tier unless you have contacts.

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    #15
    If you've got half your act together you should be able to walk into a temporary labour hire company and get work asap.

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    #16
    Random foreign fact: the whole of Sweden runs on monthly salaries. It's standard practice to pay on the 25th (my 3 salaried jobs have done this). It's so standard that there's a word for the first weekend after the 25th; "pay weekend", because every swede gets paid on the same day that weekend becomes a massive piss up. \_(ツ)_/ Classy...

    Otherwise, I would like to hear from someone knowledgeable about his rights. What the **** can you actually do?

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    #17
    First step is to contact the bank, missing a mortgage payment can snowball out of control pretty quickly.

    Second let the employer know that you are struggling to get the money together to even pay for petrol to get to work.

    Find out from the CAB if you can legitimately not turn up to work when you haven't been paid without repercussions.

    I get paid monthly, and at the moment if I didn't get paid we'd be pretty screwed.

    BTW I don't know if you re-read what BradC said but he mentioned he kept enough for 6 weeks to pay his staff, then had other means to do this if the situation became worse. He wasn't suggesting that you needed to keep 6 weeks pay.

    A while ago the company I worked for completely cocked up the pays and the finance lady forgot to save the pay run, no one got paid on time and a lot of people had direct payments etc coming out of their accounts, I personally had $150 of dishonour fees charged over various payments, my employer reimbursed me these when asked. I would have thought that any reasonable employer would do the same.

    I also worked for a company that was going broke, the boss was a complete tosser, but he always made sure we got paid before any other bill was paid, even to the point of not being able to get inventory in.

    Good luck, I hope you get it sorted.

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    #18
    Finally got paid last night, and we had managed to shuffle enough things around to not dishonour any payments.

    Damage is done though, I'm officially look,ing. Cannot go through that again.

    Thanks for all the advice everyone.

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    #19
    Revolving credit as part of your mortgage can be handy when funds are short. Just acts as a buffer, floating rates only costing ~1% over fixed mortgage rates. Not a great thing if you will be tempted to spend it on other things though.

    Glad to hear you got paid, and probably a good idea to be actively looking for a new job if you think the current one is at risk.

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    #20
    trackers wrote:
    Unfortunately, and sadly, this is not true - Employees are trumped by secured creditors
    They're preferential in the queue of unsecured creditors - right behind IRD and ACC, the government always gets paid first, lol. But yeah, secured creditors come first in that they grab their security and then the unsecured creditors have a go at what's left over.

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    #21
    Actually, I got that wrong. http://www.legislation.govt.nz/act/p...DLM323545.html

    So, if I'm reading this and other stuff right, in a liquidation, assets with a security interest "perfected" over them will be liquidated by the liquidator to make the secured creditor good to the extent of their security agreement, and then if there's anything of those assets left over, then they join the general pool of money available for the rest of the creditors.

    Then order of preference goes.

    1. The liquidator
    2. The receivership administrator?
    3. The costs of the person who, if anyone did, applied to the court to put the company into liquidation
    4. The liquidation committee, if any
    5. Any creditor who basically returned or held onto money for the liquidation

    Then all of these are 6th equal

    * wages earned in the last four months
    * donations being paid out of payroll
    * holiday pay
    * redundancy pay
    * child support deductions
    * student loan deductions
    * Payments ordered by the employment relations authority / court
    * Kiwisaver deductions
    * lien holders

    7th is layby holders

    8th equal are

    * income tax
    * GST
    * duty

    Well, I was overly cynical about the government it seems.

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    #22
    bradc wrote:
    Monthly pay isn't super uncommon especially for salaries.
    It's bs though, isn't it.

    You pay your rent a month in advance, and work for your boss a month in advance.

    Guess who's idea that was.

    Probably the Sheriff of Nottingham's.

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    #23
    Is everyone who's getting paid monthly getting paid the whole month in lieu? When I was monthly it was on the 15th, effectively two weeks in advance and two in lieu. It's sounding like that's not particularly common?

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    #24
    I get paid monthly, and I get paid for 14 months a year.

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    #25
    If they're using that Aussie third party for payments, such delays are not uncommon.