Written answers

Thursday, 23 June 2016

Department of Social Protection

Redundancy Payments

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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159. To ask the Minister for Social Protection the position of an employee, whose employment was terminated due to the business not being able to discharge wages due, and where this business has now closed permanently, and is insolvent, and whereby the employees are seeking redundancies, pursuant to the insolvency fund, and where a delay arises in furnishing the necessary documentation from the employer to prove the insolvency situation; and if he will make a statement on the matter. [17783/16]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The redundancy payments scheme, administered by the Department of Social Protection, compensates workers, under the Redundancy Payments Acts 1967 to 2013, for the loss of their jobs by reason of redundancy in situations where their employer is unable to make the redundancy payment, including situations of insolvency.

To process a claim under the scheme, a signed RP50 (claim form) must be sent to the Department. A letter is also required from an accountant/solicitor confirming there are no funds to pay the former employees and that the company is aware of their liability to the social insurance fund.

In cases where an employer does not sign the RP50 form, employees can apply to the Workplace Relations Commission (previously the Employment Appeals Tribunal) for a judgement in the matter. A favourable judgement will enable a redundancy payment to be made under the scheme.

There is a comprehensive guide to the redundancy payments scheme on www.welfare.ie , including frequently asked questions. The redundancy section of the department is also available to answer specific queries that employees may have on accessing their statutory entitlements.

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