school administration training 2015 revenue and … · school administration personnel training ......
TRANSCRIPT
SCHOOL ADMINISTRATION PERSONNEL TRAINING
2015
Revenue Compliance – Payroll
Brief Guide
Please contact the JMB/FSSU for advice. This information is for general guidance only. 1
Please contact the JMB/FSSU for advice. This information is for general guidance only. 2
Index Page No.
Payroll Introduction 2
Payroll Procedures 3
Determining Employee and Self Employed status 5
Criteria on whether an individual is an employee 8
Criteria on whether an individual is self-employed 9 Income Tax (PAYE)
10 Universal Social Charge (USC)
13 Pay Related Social Insurance (PRSI)
15 PRD (Public Service Pension-related Deduction)
17 Revised Salary Scales
18 Supervision and Substitution Rates of Pay
20
National minimum wage 21
Small Gift/Benefit 22
Holiday Entitlements 23
Public/Bank Holidays 24
Redundancy 25
Register of Employees 27
Statutory Employment Records 29
Employee Personal Details 30
Revenue Tax credits 31
Sample Form 12A 32
Sample P30 33
Sample P60 34
Sample P45 35
Sample Redundancy Form RP50 36
Sample P35 37
Taxation- Social Welfare Payments 38
Please contact the JMB/FSSU for advice. This information is for general guidance only. 3
Payroll Introduction
You will be responsible to prepare payroll for staff of the school such as Caretakers
and Part-Time Teachers. Payroll is one of the most responsible roles for someone
working in School administration. It requires confidentiality and accuracy.
All remuneration payments made by the school must be Revenue compliant.
Payments made to teachers and other personnel for services such as after school study
are subject to tax, USC and PRSI.
Wages and salaries paid to clerical staff, caretakers, cleaners or any other school
employees should be approved by the Principal who can confirm that the service has
been provided and that the wages / salaries are properly due.
All payments made to teachers and others who are employed as Examination Aides
and as additional examination supervisors are subject to deductions of income tax ,
USC and PRSI.
The income tax year commences on 1st January and ends on the following 31st
December.
The information in this handout is a summary of the main issues that
relate to payroll in a school and is for guidance only.
For more detailed information please contact the relevant authorities
website.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 4
PAYROLL PROCEDURES
1. Schools must be compliant with all employment law, revenue legislation and Social
Welfare regulations.
2. The following are the step-by-step processing instructions for processing payroll
accurately and in compliance with all applicable laws.
Employee Set-up
a. Ensure the new employee completes the Employee Personal Details form
b. Check the rate of pay etc. with the Principal
c. Set up the employee details on the payroll system.
d. Enter the employees P45 details and notify Revenue on ROS
e. If the employee does not have a P45: Enter the employees PPS number on the
system and notify ROS .
f. If the employee does not have a P45 or PPS no. Advise the employee to obtain a
PPS No. and file a form 12A
Processing the payroll
Collect and prepare the time sheets for input into the payroll system.
a. Give the time sheets to the Principal for approval before inputting
b. Ensure all requests for holidays are approved by the Principal
c. Get an update from the principal on any employee out on sick leave and
ensure medical certificates are received and filed.
d. Input the information on the payroll system.
e. Statement of Tax Credits for each employee will be issued by the Revenue
Commissioners for the current tax year through ROS.
Payroll Reports
Print the reports from the system:
i. Gross to Nett Report
ii. Payslips
iii. EFT transfer report
iv. Control Summary
(The payroll system you use may use different names for these reports.)
b. Compare the details on the reports with the timesheets and other input
data. Ensure that the employee is processed for the correct hours,
weekly pay, holidays etc. before proceeding.
c. Print the Payslips
d. Write the cheques or upload the file to the internet banking for
payment.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 5
e. Get the Principal to sign the cheques /approve the online payments and
to sign a copy of the Gross to Net report.
f. Lock the signed cheques in the safe until they are issued.
g. Issue the payslips (and cheques) to the employees
Filing
a. A separate file should be set up for each employee
b. File the Employee Personnel Details form, Medical certs, holiday request
forms, copy of P45 etc. on the employees file
c. File the timesheets, P45’s, Employee Personnel Details form etc. on the
weekly payroll file
d. File the copy payslips, Gross to Nett report, Control Summary report on
the weekly payroll file.
e. Print the report from the online Banking and file on the weekly payroll
file.
f. All other relevant documentation should be filed here.
Monthly
a. Print off the report for the monthly P30 from the payroll system and file on
the Revenue Payroll file
b. Complete the P30 on ROS and submit it.
c. Print of a copy of the P30 submitted and file on the Revenue Payroll file.
Annual (a) Complete the wages for all payroll weeks (52 or 53) for the year
(b) Follow the guidelines for processing the year end issued by your payroll
provider
(c) Print the P35L and check the employee details
1. Employee Name
2. PPS number
3. Gross Pay, Tax , USC, PRSI ee and Total PRSI
4. PRSI Class ( A1, A0, J1)
5. Number of Weeks employed
6. Commencement and Cessation dates.
(d) When you are satisfied that the records are correct
1. Print the P35L, P35 and P60’s and File on the Payroll year end
file.
2. Give each employee their P60 by the 31st January
3. File the P35 and P35L on ROS
4. Print the ROS acknowledgment from the email and file.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 6
Determining Employee and Self Employed status
The FSSU has received a number of requests from schools for assistance in dealing with
correspondence from the Revenue. Schools must ensure that all payments made by them are
fully Revenue compliant. There are some grey areas where schools need to satisfy themselves
that the school is fully compliant.
1. Engaging the Services of External Personnel
Many schools engage the services of external personnel for Transition Year
modules, Drama, Music, Sports Coaching etc.
The Revenue are concerned that there may be an increasing numbers of individuals
classified as ‘self-employed’ when the ‘signs’ may be that ‘employee’ status would be
more appropriate. The terms “employed” and “self-employed” are not defined in law.
The decision as to which category an individual belongs must be arrived at by looking
at what the individual actually does, the way he or she does it and the terms and
conditions under which he or she is engaged, be they written, verbal or implied or a
combination of all three.
Certain statements included in the contract and other notes of engagement such as
“ deemed to be an independent contractor”,
“ It shall be the duty of the demonstrator to pay and discharge such taxes and
charges as may be payable out of such fees to the Revenue Commissioners or
otherwise”,
“It is further agreed that the provisions of the Unfair Dismissals Act1997 shall
not apply etc.”
“You will not be an employee of Kerry Foods” ,
“You will be responsible for your own tax affairs”,
are not considered contractual terms in Irish Case Law. In other words, the fact that
such or similar terms are included in a contract is of little value in coming to a
conclusion as to the work status of the person engaged.
2. Deciding on whether an Individual is an Employee or Self Employed
It is important that the job as a whole is looked at including working conditions and
the reality of the relationship, when considering the guidelines. The overriding
consideration or test will always be whether the person performing the work does so
“as a person in business on their own account.” Is the person a free agent with an
economic independence of the person engaging the service?
There are a number of factors to be considered when determining the status of
an individual and these are attached. See Appendix A and B
Please contact the JMB/FSSU for advice. This information is for general guidance only. 7
3. The impact of the decision for the individual
The status as an employee or self-employed person will affect:
1. The way in which Tax, PRSI and USC is payable to the Collector-General
i. An employee will have Tax, PRSI and USC deducted from his or her
income.
b. A self-employed person is obliged to pay preliminary tax and file
income tax returns whether or not he or she is asked for them.
2. Entitlement to a number of social welfare benefits, such as unemployment and
disability benefits. An employee will be entitled to unemployment, disability
and invalidity benefits, whereas a self-employed person will not have these
entitlements.
3. Other rights and entitlements, for example, under Employment Legislation
An employee will have rights in respect of working hours, holidays, maternity
/ parental leave, protection from unfair dismissal etc. A self-employed person
will not have these rights and protection.
4. Insurance - Public liability in respect of the work done.
4. The cost implications for the school
Normally it will be obvious if the person is self-employed or going to be an employee
of the school. However it is imperative that the school ensures that a person appointed
to perform a service is correctly classified as an employee or self-employed
particularly where there is uncertainty.
Employers are obliged to operate the system correctly and there are various
penalties imposed on employers found in breach of the system.
1. Under Tax and Social Welfare law if the status of ‘employee’ is found to be
appropriate the person engaging the ‘employee’ is the accountable person for
any PAYE Tax, PRSI and USC deductible while that person was engaged
(whether or not any deductions were made) together with appropriate interest
and penalties that may arise.
2. There may also be penalties under various Employment Legislation if a
person’s employment status is wrongly classified.
5. Further Assistance for determining status.
There may, in certain cases, be a difference of opinion between the school, the
individual, that of the Revenue Commissioners, the Department of Social,
Community and Family Affairs or Employment and Industrial Relations legislation on
which classification the individual belongs.
Where there are difficulties in deciding the appropriate status of an individual or
groups of individuals, the following bodies can provide assistance.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 8
The Local Tax Office or The Local Social Welfare Office, (a listing of Tax and Social
Welfare Offices is in the telephone book).
Scope Section in the Department of Social, Community and Family Affairs may also
be contacted for assistance.
If a formal decision is required, relevant facts will have to be established and a written
decision as to status issued.
A decision by one Department will generally be accepted by the other, provided all
relevant facts were given at the time and the circumstances remain the same and it is
accepted that the correct legal principles have been applied to the facts established.
However, because of the varied nature of circumstances that arise and the different
statutory provisions, such a consensus may not be possible in every case.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 9
Appendix A
Criteria on whether an individual is an employee
While all of the following factors may not apply, an individual would normally be an
employee if he or she:
1. Is under the control of another person who directs as to how, when and where the work is
to be carried out
2. Supplies labour only
3. Receives a fixed hourly/weekly/monthly wage
4. Cannot sub-contract the work. If the work can be subcontracted and paid on by the person
subcontracting the work, the employer/employee relationship may simply be transferred on.
5. Does not supply materials for the job
6. Does not provide equipment other than the small tools of the trade. The provision of tools
or equipment might not have a significant bearing on coming to a conclusion that
employment status may be appropriate having regard to all the circumstances of a particular
case.
7. Is not exposed to personal financial risk in carrying out the work
8. Does not assume any responsibility for investment and management in the business
9. Does not have the opportunity to profit from sound management in the scheduling of
engagements or in the performance of tasks arising from the engagements
10. Works set hours or a given number of hours per week or month
11. Works for one person or for one business
12. Receives expense payments to cover subsistence and/or travel expenses
13. Is entitled to extra pay or time off for overtime.
Additional factors to be considered:
1. An individual could have considerable freedom and independence in carrying out
work and still remain an employee
2. An employee with specialist knowledge may not be directed as to how the work is
carried out
3. An individual who is paid by commission, by share, or by piecework, or in some
other atypical fashion may still be regarded as an employee
4. Some employees work for more than one employer at the same time.
5. Some employees do not work on the employer’s premises
6. There are special PRSI rules for the employment of family members
Please contact the JMB/FSSU for advice. This information is for general guidance only. 10
Appendix B
Criteria on whether an individual is self-employed
While all of the following factors may not apply to the job, an individual would normally be
self-employed if he or she:
1. Owns his or her own business
2. Is exposed to financial risk, by having to bear the cost of making good faulty or
substandard work carried out under the contract
3. Assumes responsibility for investment and management in the enterprise
4 .Has the opportunity to profit from sound management in the scheduling and performance
of engagements and tasks
5. Has control over what is done, how it is done, when and where it is done and whether he or
she does it personally
6. Is free to hire other people, on his or her terms, to do the work which has been agreed to be
undertaken
7. Can provide the same services to more than one person or business at the same time
8. Provides the materials for the job
9. Provides equipment and machinery necessary for the job, other than the small tools of the
trade or equipment which in an overall context would not be an indicator of a person in
business on their own account
10. Has a fixed place of business where materials equipment etc. can be stored
11. Costs and agrees a price for the job
12. Provides his or her own insurance cover e.g. public liability etc.
13. Controls the hours of work in fulfilling the job obligations.
Additional factors to be considered:
1. Generally an individual should satisfy the self-employed guidelines above, otherwise he or
she will normally be an employee
2. The fact that an individual has registered as self-employed or for VAT under the principles
of self-assessment does not automatically mean that he or she is self-employed
3. An office holder, such as a company director, will be taxed under the PAYE system.
However, the terms and conditions may have to be examined by the Scope Section of
Department of Social, Community and Family Affairs to decide the appropriate PRSI Class.
5. It should be noted that a person who is a self-employed contractor in one job is not
necessarily self-employed in the next job. It is also possible to be employed and self-
employed at the same time in different jobs.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 11
Income Tax (PAYE)
1. Budget 2015 It was announced in Budget 2015 that the standard rate tax band will increase by
€1,000 from €32,800 to €33,800 for single individuals and from €41,800 to €42,800
for married couples with one income from January 2015. The higher rate of income
tax will reduce from 41% to 40%.
2. Income that is assessed for tax Under the PAYE system, income tax is charged on all wages, fees, perks, profits or
pensions and most types of interest. Tax is payable on earnings of all kinds that result
from employment (including for example, bonuses, overtime, Christmas bonuses
etc.).
The amount of tax that an employee pays depends on the amount of the income that
they earn and on their personal circumstances. There are a range of income tax reliefs
available that can reduce the amount of tax that they have to pay.
At the start of the tax year, the Revenue Commissioners will send a Notice of
determination of tax credits (P2C) and standard rate cut-off point to the employer.so
that the employer can deduct the correct amount of tax. If the employee’s
circumstances change during the year Revenue will issue a revised certificate.
Tax credits reduce the amount of tax that an employee has to pay. Tax credits are
deducted after your tax has been calculated.
3. New Employees
It is extremely important that an employer notifies Revenue when a new employee
commences employment and it is not good practice for an employee to remain on a
week 1/month 1 basis for an unnecessary period of time.
A person taking up employment or resuming employment after a previous
cessation should be asked for parts 2 and 3 of form P45.
Where the new employee has not supplied a Form P45 and has a PPS Number.
Notify the employee's Revenue office by Form P46 - or by phone to request a tax
credit certificate. In the meantime the emergency basis of tax deduction must be
operated
The first-time employee will be asked to complete a Form 12A - Application for a
Certificate of Tax Credits and Standard Rate Cut-Off Point. The employee will be
taxed on a temporary basis called emergency tax until the Notice of Tax Credits is
received.
4. Tax rates and the standard rate cut-off point Tax is charged as a percentage of income. The percentage depends on the amount of
income. The first part of income, up to a certain amount, is taxed at 20%. This is
known as the standard rate of tax and the amount that it applies to is known as the
standard rate tax band.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 12
The remainder of the income is taxed at the higher rate of tax, 40% in 2015.
Standard rate cut-off points
2015
20% 40%
Single person €33,800 Balance
Married couple/civil
partners, one income €42,800 Balance
Married couple/civil
partners, two incomes
Up to €67,600
(increase limited to the
amount of the
second income - see
example below)
Balance
One parent family €37,800 Balance
5. Tax exemption limits for people aged 65 and over Exemption limits are income limits below which no tax is payable.
Annual exemption limits for people aged 65 and over
Status 2014
Single or widowed or surviving civil
partner €18,000
Married or in a civil partnership €36,000
First two children €575
each
Subsequent children €830
each
If you expect that the income for the year will be less than these limits, the employee
should contact Revenue and they will issue a revised determination of tax credits to
you.
There is no income tax exemption for low income earners under 65
6. Emergency basis Different rules for emergency tax apply depending on whether or not the employee
has provided the employer with their PPS number.
Where the employee does not provide their PPS number
Where the employee does not provide their PPS Number, the higher rate of tax
applies to all earnings.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 13
Tax credits and standard rate cut-off point for employees that have not provided their
PPS number
Week or month Standard rate cut-off point Tax credit
All Nil Nil
Where the employee provides their PPS number
Where the employee provides their PPS number the provisional tax credits and standard rate
cut-off point to be granted are as outlined in the following tables for weekly, monthly,
fortnightly, four-weekly and twice-monthly paid employees.
The rates at which tax is to be deducted are the rates of the standard rate of income tax
and the higher rate of income tax in force for the relevant year.
Weekly Paid
Week of employment Weekly standard rate cut-off point Weekly tax credit
First 1/52nd of single personal standard rate cut-
off point
1/52nd of single personal tax
credit
Second As for first week As for first week
Third As for first week As for first week
Fourth As for first week As for first week
Weeks 5 to 8 inclusive As for first week Nil
Week 9 and subsequent
weeks Nil Nil
Please contact the JMB/FSSU for advice. This information is for general guidance only. 14
Universal Social Charge (USC)
Budget 2015-Changes to the USC were announced in Budget 2015.
The Universal Social Charge (USC) is a tax you pay if your gross income is more than
€12,012 per year. Once your income is over this limit, you pay the relevant rate of USC on all
of your income.
Employer Tax Credit Certificates (P2Cs), as well as displaying PAYE rates and cut-off
points, also show USC rates and cut-off points. The Revenue will inform the employer of any
changes and will issue a revised Tax Credit Certificate.
Exemptions:
1. All Department of Social Protection payments, including Maternity Benefit and State
pensions, are exempt from the Universal Social Charge.
2. If you are 70 or over or a medical card holder under 70 and your aggregate income for
the year is €60,000 or less you pay a reduced rate of USC (See Note 1)
3. Statutory redundancy payments are exempt from the charge.
The Universal Social Charge is payable on all employee pension contributions and employer
PRSA contributions. (see Note 2)
Rates
If your income is less than €12,012 you pay no Universal Social Charge (USC). Once your
income is over this limit, you pay the relevant rate of USC on all of your income.
Emergency USC Rate 8%
Standard rate of USC (2015)
Rate Income band
1.5% Up to €12,012
3.5% From €12,012.01 to €17,576.00
7% From €17,576.01 to €70,044.00
8% From €70,044.01 to €100,000.00
8% Any PAYE income over €100,000
8% Emergency USC Rate
Reduced rate of USC (2015)
Rate Income band
1.5% Income up to €12,012
Please contact the JMB/FSSU for advice. This information is for general guidance only. 15
3.5% All income over €12,012.00
Note 1: Reduced rates of USC apply to:
People aged 70 or over whose aggregate income for the year is €60,000 or less
Medical card holders under 70 whose aggregate income for the year is €60,000 or less
‘Aggregate’ income for USC purposes does not include payments from the Department of
Social Protection.
You must hold a full medical card (including a Health Amendment Act Card) to qualify for
the reduced rate. People who hold a GP Visit Card, a Drugs Payment Scheme Card, a
European Health Insurance Card or a Long-term Illness Scheme Card do not qualify for
the reduced rate.
If a person reaches 70 years at any stage during the year they will benefit from the
maximum 3.5% rate for the whole year.
Note 2: Pension contributions
Approved Retirement Benefit Scheme - An employer’s or pension provider’s contribution
to an approved retirement benefit scheme is not liable to the Universal Social Charge, but
an employee's contributions are.
PRSA - If an employer or pension provider makes a contribution on your behalf to your
Personal Retirement Savings Account (PRSA) it is treated as a taxable benefit-in-kind. As
the Universal Social Charge treatment follows the income tax treatment, the employer or
pension provider’s contribution to the personal retirement savings account will also be
subject to the Universal Social Charge.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 16
Pay Related Social Insurance (PRSI)
PRSI classes and people insured in each class
Most people pay Class A PRSI. It applies to people in industrial, commercial and service type
employment who are employed under a contract of service with a reckonable pay of €38 or
more per week from employment. It also includes civil and public servants recruited from 6
April 1995.
Class A does not apply to people in insurable employment over 66 years of age. They are
insurable under Class J.
Rates of Contribution from 1 January 2015
The amount of PRSI you pay will depend on your earnings and the class you are insured
under.
Class A applies to people in industrial, commercial and service type employment who are
employed under a contract of service with a reckonable pay of €38 or more per week from
employment. It also includes civil and public servants recruited from 6 April 1995. In fact,
most employees in Ireland pay PRSI Class A. People on CE schemes pay a special
contribution at Class A8/A9.
This covers employees under the age of 66 in industrial, commercial and service-type
employment who have reckonable pay of €38 or more per week from all employments as
well as Public Servants recruited from 6 April 1995.
Weekly pay is the employee's money pay plus notional pay (if applicable).
Subclass AO
Weekly pay Band
(See note below) How much of weekly pay
All income
Employee
All income
Employer
€38 - €352 inclusive All Nil 8.50%
Subclass AL
Weekly pay Band
(See note below) How much of weekly pay
All income
Employee
All income
Employer
€356.01 - €500 inclusive All 4.00% 10.75%
Subclass AX
Weekly pay Band
(See note below) How much of weekly pay
All income
Employee
All income
Employer
€352.01 - €356 inclusive All 4.00% 8.50%
Subclass A1
Please contact the JMB/FSSU for advice. This information is for general guidance only. 17
Note: Share-based remuneration may in certain circumstances be subject to employee PRSI. Employer's PRSI is
not chargeable on share-based remuneration.
Community Employment participants only
Subclass A8
Weekly pay Band How much of weekly pay All income
Employee
All income
Employer
Up to €352 inclusive All Nil 0.50%
Class J
This normally relates to people with reckonable pay of less than €38 per week (from all
employments). However, a small number of employees are insurable at Class J, no matter
how much they earn, such as employees aged 66 or over or people in subsidiary employment
applies to people earning less than €38 per week.
people aged over 66 or people in subsidiary employment are always insurable at
Class J, no matter how much they earn.
Subsidiary employment for Class J is for example, people who are insurable at Class,
D (teachers in their main employment.
Payments related to the State Examinations are all at the Class J rate
Subclass JO
Weekly pay Band How much of weekly pay All income
Employee *
All income
Employer *
Up to €500 inclusive All Nil 0.50%
Subclass J1
Weekly pay Band How much of weekly pay All income
Employee
All income
Employer
More than €500 All Nil 0.50
Weekly pay Band
(See note below) How much of weekly pay
All income
Employee
All income
Employer
More than €500 All 4.00% 10.75%
Subclass A9
Weekly pay Band How much of weekly pay All income
Employee
All income
Employer
More than €352 All 4.00% 0.50%
Please contact the JMB/FSSU for advice. This information is for general guidance only. 18
Class D applies to permanent and pensionable employees in the public service (including
Teachers) recruited before 6 April 1995.
PRD (Public Service Pension-related Deduction)
The PRD is governed by the Financial Emergency Measures in the Public Interest Act 2009. The
Act defines a person to whom the PRD applies as a person who
i. is a public servant, and,
ii. is a member of a public service pension scheme, or,
iii. is entitled to a benefit under a public service pension scheme, or,
iv. Receives a payment in lieu of membership of a public service pension scheme.
All teaching and non -teaching staff who are members of a public service pension scheme, are
liable for PRD.
Employee PRD Status Form
All employees should complete Form DES_PRD10. It is a declaration of an individual’s status with
regard to any public service pension scheme. It also is a declaration of an individual’s main and
subsidiary employers where an individual has more than one public service employment If your
main employment is a public service employment then all of your earnings from the state funds,
which for the purposes of the PRD is classed as a subsidiary employment, will have the PRD
applied at the top rate of 10.5%.
Payroll: From 1st January 2011, the pension-related deduction (PRD) which is charged to earnings
in the public service will be subject to employee PRSI and the Universal Social Charge (USC).
Tax Relief is allowed on the Pension Related Deduction enabling the employee to get tax relief at
the appropriate rates.
PRD Rates
The amended table that will apply to PRD rates with effect from 1st January 2014 is as follows:
Measure Bands Rates
Pension-Related Deduction €15,000
€15,000 – €20,000
€20,000 – €60,000
Above €60,000
Exempt
2.5%
10.0%
10.5%
Please contact the JMB/FSSU for advice. This information is for general guidance only. 19
Emergency PRD rate is 10.5%
Revised Salary Scales for Privately Paid Non-Teaching Staff
in Voluntary Secondary Schools
As outlined in JMB Bulletin 13, the Department of Education and Skills has issued Circular
0070/2010 which states that all staff employed in a recognised school must be subject to the
pay reductions set out in the Financial Emergency Measures in the Public Interest Act 2009.
The reductions apply to all staff employed in a recognised school including all secretarial and
administrative staff, caretaking staff and cleaners.
All staff employed in recognised schools are classified as “public servants” solely for the
purpose of the Act. The school’s Board of Management is the employer of all school staff and
determines their terms and conditions of employment. Nevertheless, the reduction applies
regardless of the source of money used to fund the salaries and irrespective of whether or not
they are eligible for, or are members of, a public service pension scheme.
In accordance with the Act, reductions in salary should be applied to all school staff with
effect from January 1, 2011 as follows:
5% on the first €30,000 of salary
7.5% on the next €40,000 of salary
10% on the balance.
The reductions apply to all basic pay and allowances such as overtime and call-out payments.
Revised daily and hourly rates for casual and non-casual staff also apply on a pro rata basis.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 20
JMB Recommended Salary Scales for Privately Paid
School Secretaries and Caretakers Applicable from January 1, 2011
Secretaries Caretakers
Grade 111 Grade 1V
Year € Year € Year €
1 21,371 1 26,110 1 24,866
2 22,372 2 28,014 2 25,008
3 23,373 3 29,898 3 25,144
4 25,145 4 31,293 4 25,230
5 24,922 5 33,572 5 25,316
6 26,382 6 34,462 6 25,405
7 26,879 7 35,781 7 25,493
8 28,589 8 37,115 8 25,596
9 29,037 11 38,322 9 25,678
10 29,900 14 39,587 10 25,773
11 31,318 11 25,871
13 33,175 12 25,935
15 34,472 13 26,050
To calculate weekly rates, divide relevant annual rate by 52.18.
To calculate hourly rates, divide weekly rate by 39.
The pay of any part-time staff or hourly paid staff should also be reduced on a pro rata
basis.
The new recommended rate for cleaners is €11.75 per hour. The minimum wage rate
will be set at €7.65 per hour from January 1, 2011. All rates of pay listed above are only
guidelines and individual schools as private sector employers are entitled to make their
own arrangements with individual employees.
Fergus Dunne, Director,
Please contact the JMB/FSSU for advice. This information is for general guidance only. 21
JMB Financial Support Services Unit
December 1, 2010
Supervision and Substitution Rates of Pay
The following are the rates of payment, to be made by the school, to DES paid teachers who
undertake supervision and substitution duties which are additional to their obligations under the
HRA. This rate includes holiday pay.
COLUMN A COLUMN B
DES Paid
Teachers
Rate per hour € Rate including
Employer PRSI
10.75% €
DES Paid prior
to 1st January
2011
47.82 52.96
DES Entrant
between 1st
January 2011
and 31st
January 2012
i.e. New Entrant
43.04 47.67
DES Entrant
since 1st
February 2012
i.e. New
Beneficiary
32.49 35.98
The following is the supervisor’s rate: The supervisors’ rate is €21.31 for those employed prior to
January 1st 2011 and is €19.18 for those employed after January 1st 2011. However, this rate does
not include holiday pay. The figure in Column A below has been adjusted to include the holiday
pay amount.
COLUMN A COLUMN B
inclusive of
employer PRSI
Employed prior
to January 1st
2011
23.01 25.48
Employed after
1st January
2011
20.71 22.94
The hourly rate payable including holiday pay is in Column A. The hourly rate including
employer PRSI is in Column B. The rate in Column B is the cost of each hour to the school as the
school pays the employer PRSI. This should be considered when calculating the amount of grant
available to spend.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 22
Failure to incorporate this cost will result in the school overspending the grant by 10.75%.
National minimum wage
The National Minimum Wage Act 2000 provides that the minimum wage rate for an
experienced adult employee from 1 July 2007 is €8.65 an hour, (was €8.30). An experienced
adult employee for the purposes of the National Minimum Wage Act is an employee who has
an employment of any kind in any 2 years over the age of 18. (See also “Rates” section
below).
Of course the national minimum wage (NMW) does not stop an employer from offering a
higher wage.
Sub-minimum rates from 1 July 2007
These are the legal minimum rates of pay in Ireland for 2015
Experienced adult worker €8.65 per hour
Over 19 and in 2nd year of first employment €7.79
Over 18 and in first year of first employment €6.92
Aged under 18 €6.06 per hour
Trainees:
Employee aged over 18, in structured training during working hours
1st one third of course €6.49 an hour
2nd third of course €6.92
3rd part of course €7.79
These minimum wage rates have been in effect since July 2011 and are valid during 2015
too.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 23
Small Gift / Benefit
Where an employer provides an employee with a small benefit (that is, a benefit with a value
not exceeding a €250) PAYE, USC and PRSI need not be applied to that benefit.
No more than one such benefit given to an employee in a tax year will qualify for
such treatment.
The Benefit /gift must be a voucher ( e.g. One4All) or a gift (e.g. Christmas Hamper)
Where a benefit exceeds €250 in value the full value of the benefit is to be subjected
to PAYE. USC and PRSI.
THIS CONCESSION DOES NOT APPLY TO CASH/CHEQUE PAYMENTS
REGARDLESS OF THE AMOUNT
The small benefits relief applies to a one off benefit in the year.
If an employer is providing small benefits on an ongoing basis, e.g. €25 voucher every
so often, the first voucher may be ignored and all subsequent vouchers must be taken
into account as notional pay and processed through the payroll.
If the employer gives one voucher for €350, the value of that voucher (the entire
€350) must be taken as notional pay and processed through the payroll.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 24
Holiday Entitlements
The entitlement to annual leave or holidays from work is set out in legislation
Organisation of Working Time Act 1997 and in the employee’s contract of employment.
The basic annual paid leave entitlement is 4 weeks per annum. Pay in respect of annual
leave is paid in advance at the normal weekly rate.
Annual Leave must be approved by the Principal. The leave should be approved
before the employee books the holiday.
Holiday pay is earned against time worked. All employees, full-time, part-time,
temporary or casual earn holiday entitlements from the time work is commenced.
Holiday pay entitlements are calculated using one of the following criteria:
a) 4 working weeks in a leave year in which the employee works at least 1,365 hours
(unless it is a leave year in which he or she changes employment).
b) 1/3 of a working week per calendar month that the employee works at least 117
hours.
c) 8% of the hours an employee works in a leave year (but subject to a maximum of
4 working weeks).
Employers are obliged to keep records of holidays and public holidays for a period of 3
years.
An employee who has worked for 8 months or more is entitled to an unbroken period of
2 weeks' annual leave.
Part-time work: Generally, the annual leave for part-time workers is calculated using
the 8% of hours worked method. If an employee works full time for some months and
the rest of the year works part time, you should calculate the leave for the full-time and
the part-time periods of work separately.
Other Leave: Time spent on maternity leave, adoptive leave, parental leave, force
majeure leave and the first 13 weeks of carer's leave is treated as though you have been
in employment and this time can be used to accumulate annual leave entitlement.
Holiday Pay –Term Time
Employees employed for term time in school will be entitled to holidays calculated using
the 8% of hours worked method.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 25
E.g. if an employee works for 30 hours a week for 42 weeks in a school year the holiday
entitlement would be 100 hours ( 30hrs x 42wks x 8%)
Public/Bank Holidays
There are nine public holidays as follows:
1. Christmas Day
2. St. Stephen's Day
3. The 1st of January
4. St. Patrick's Day
5. Easter Monday
6. The first Monday in May
7. The first Monday in June
8. The first Monday in August
9. The last Monday in October
Note: Good Friday is not a public holiday. While some schools and businesses close on
that day, you have no automatic entitlement to time off work on that day.
The entitlement to public holidays is set out in the Organisation of Working Time Act 1997.
Most employees are entitled to paid leave on public holidays. One exception is part-time
employees who have not worked for their employer at least 40 hours in total in the 5 weeks
before the public holiday.
Employees who qualify for public holiday benefit will be entitled to one of the following:
A paid day off on the public holiday
An additional day of annual leave
An additional day's pay
A paid day off within a month of the public holiday
The Organisation of Working Time Act provides that an employee may ask the employer at
least 21 days before a public holiday, which of the alternatives will apply. If the employer
fails to respond at least 14 days before the public holiday, the employee is entitled to take the
actual public holiday as a paid day off.
Part-time employees
If an employee has worked for the employer at least 40 hours in the 5 weeks before the public
holiday and the public holiday falls on a day they normally work they are entitled to a day's
pay for the public holiday. If employees are required to work that day they are entitled to an
additional day's pay.
If they do not normally work on that particular day they should receive one-fifth of the
weekly pay. Even if they may never be rostered to work on a public holiday they are entitled
to one-fifth of the weekly pay as compensation for the public holiday.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 26
In all of the above situations the employer may choose to give paid time off instead of pay for
the public holiday.
Redundancy
A redundancy is when an employee’s job ceases to exist and the employee is not replaced.
Possible reasons for an employer seeking redundancy include rationalisation/ reorganisation;
not enough work available; the financial state of the school.
The JMB Employment/HR unit is available to give advice and assistance should a
redundancy situation arise.
Notice: An employee is entitled to a minimum of 2 weeks’ notice of redundancy. This notice
period increases depending on the period of service.
Period of service Notice required
Between 2-5 years 2 weeks
Between 5-10 years 4 weeks
Between 10-15 years 6 weeks
Over 15 years 8 weeks
*Your contract of employment may provide for a longer period of notice
Redundancy Payment: The statutory redundancy payment is a lump-sum payment based on
the pay of the employee. All eligible employees are entitled to:
Two weeks' pay for every year of service over the age of 16 and
One further week's pay
The amount of statutory redundancy is subject to a maximum earnings limit of €600 per week
(€31,200 per year).
A Redundancy Calculator is provided by the Department of Enterprise, Trade and
Employment. This allows employers to calculate how much statutory redundancy the
employee is entitled to based on their circumstances.
PAY: Pay refers to your current normal weekly pay including average regular overtime and
benefits-in-kind, but before tax, USC and PRSI deductions, that is your gross pay.
TAX/PRSI/USC: The statutory redundancy payment is TAX, USC and PRSI -free. Only a
payment above and beyond the statutory minimum (known as an ex-gratia payment) is liable
to tax when it goes above a certain limit.
Details are available at www.revenue.ie/redundancy.
Holiday Pay: An employee is entitled to receive payment for annual leave which they have
earned, but have not taken.
Final Day: On the date of the termination of employment the employer should pay the
employee
Please contact the JMB/FSSU for advice. This information is for general guidance only. 27
1. All wages and holiday pay due to the employee
2. The redundancy lump sum.
3. Give the employee their form P45
4. Complete the form RP50 and get the employee to sign it.(see note below)
5. Give a copy of the form RP50 to the employee.
Employee Advice: advise the person being made redundant that they should immediately
contact their local Social Welfare Office where they can apply for the two main
unemployment benefits – Jobseeker’s Benefit or Jobseeker’s Allowance. This is important, as
any delay in making a claim could result in a loss of payment.
RP50: We recommend that schools complete RP50 for each employee made redundant as
employers are obliged to retain proof of payment of the lump sum entitlement to the
employee and provide a copy of such documentation to the employee(s) concerned. There is
no requirement to submit RP50 application forms, or any other form, to the Department in
respect of redundancies where the employer is paying the statutory redundancy entitlement to
eligible employees, however, employers should ensure that they obtain/retain proof of
payment of the lump sum entitlement to the employee and provide a copy of such
documentation to the employee(s) concerned.
There is no statutory redundancy employer rebate where the date of dismissal due to
redundancy is on or after 1 January 2013.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 28
Register of Employees
This Employer Notification outlines that -
a. for the purposes of the PAYE system, an employer has a statutory obligation to keep
and maintain a Register of Employees;
b. on being requested to do so by a Revenue officer and within the time specified by that
officer, an employer has a statutory obligation to produce that employer's Register of
Employees (or a certified copy of it) or an extract from it to any Revenue officer;
c. an employer who does not keep and maintain a Register of Employees is liable to a
penalty of EUR4,000 (and where that employer is a company, the secretary of that
company is liable to a separate penalty of EUR3,000);
d. where an employer fails to comply with a requirement of an authorised officer - in the
exercise of that officer's powers or duties under Section 903 Taxes Consolidation Act
1997 (Power of inspection: PAYE) - to produce any records which that officer
requires for the purposes of his or her enquiry, that employer shall be liable to a
penalty of EUR4,000.
NOTE: The obligation on an employer to keep and maintain, for PAYE purposes, a
Register of Employees is separate and distinct from an employer's obligation to register with
Revenue for the purposes of the PAYE system.
1. A REGISTER OF EMPLOYEES must include the following relevant details -
(a) the name, address and Personal Public Service Number (PPSN) of each employee;
(b) the date of commencement of employment of each employee; and
(c) where relevant, the date of cessation of employment of each employee.
In some instances, an employer may, for the purposes of payroll, human resources or
fulfilling a non-tax related statutory obligation, hold a record or register of all employees (and
former employees). Such a record or register will suffice as a Register of Employees for
PAYE purposes provided that it includes the relevant details outlined above.
NOTE: It is important that, immediately on cessation of employment, an employee is given a
Form P45 and the date of cessation of employment is entered into the Register of Employees.
2. PLACE OF RETENTION OF Register of Employees
An employer must keep and maintain the Register of Employees (or a copy of it) either at the
normal place of employment of each employee or at the main place of business of the
employer.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 29
3. TEMPORARY, PART-TIME, CASUAL STAFF, ETC.
Although an employee may be employed on a temporary, part-time or casual basis, the
relevant details (see Paragraph 3 above) of such employee must be entered in the employer's
Register of Employees.
4. INCOMPLETE Register of Employees
An employer who keeps and maintains a register that does not include the relevant details
(see Paragraph 3 above) of ALL employees shall be liable to the relevant penalty for not
keeping and maintaining a Register of Employees.
5. PRODUCTION OF Register of Employees.
On being required to do so by a Revenue officer, an employer has a statutory obligation to
produce, within the period specified by that officer, that employer's Register of Employees
[or, as appropriate, a certified copy (including electronic copy) of it] or an extract from it to
any Revenue officer.
6. RECORDS HELD BY A TAX OR PAYROLL AGENT / RECORDS HELD IN
A PAYROLL SOFTWARE PACKAGE
Although an employer may -
(a) engage the services of a tax or payroll agent, and / or
(b) use a proprietary software payroll or human resources package,
the onus is on that employer to keep and maintain the Register of Employees (or a copy of it)
at the normal place of employment of each employee or at that employer's main place of
business.
Please contact the JMB/FSSU for advice. This information is for general guidance only. 30
Statutory Employment Records
In compliance with Employment Legislation, and in order to demonstrate that employees are
receiving their proper entitlements, an employer is obliged to maintain certain statutory
records. The list below sets out the main records required.
1. Employer registration number with the Revenue Commissioners
2. Full Name, Address and PPS Number for each employee (full-time and part-time)
3. Terms of Employment for each employee
4. Payroll details – i.e. Gross to Net, Rate per hour, Overtime, Deductions, Shift and
other Premiums and Allowances, Commissions and Bonuses, Service Charges, etc.
5. Copies of Payslips
6. Employees’ Job Classifications
7. Dates of commencement and, where relevant, termination of employment
8. Hours of Work for each employee (including starting and finishing times, meal breaks
and rest periods). These may be in the form of Form OWT1 or in a form substantially to
like effect.
9. Register of employees under 18 years of age
10. Whether board and/or lodgings are provided and relevant details
11. Holiday and Public Holiday entitlements received by each employee
12. Any documentation necessary to demonstrate compliance with employment rights
legislation
Additional records may be required to be held depending on the sector/business involved.
(Note – An Inspector from the National Employment Rights Authority (NERA) has the
power to seek full access to these records in the course of an inspection.)
Links to related web pages and Guides may be found at the bottom of the page
Please contact the JMB/FSSU for advice. This information is for general guidance only. 31
EMPLOYEE PERSONAL DETAILS
* Important Note: If the PPS number is unknown, you should ensure that the employee's date
of birth and address are entered.
Employee's Surname
Employee's First Name
Employee's Address
.
Employee's Date of birth
Department– Secretary, Caretaker, Cleaner,
Teacher, Canteen, Exam Aide, etc
Employee's PPS Number
Hourly Rate if applicable - If the employee is not
paid by the hour see below
Weekly/Monthly/Fortnightly Pay if applicable -
Employee's Bank Details
Name of Bank
Branch
Sort Code (6 digit)
IBAN Number
BIC Code
Attach P 45
Medical Card Holder
Employee signature _____________________________ Date _______________
Principal signature ______________________________ Date ________________
Please contact the JMB/FSSU for advice. This information is for general guidance only. 32
Revenue Tax credits
Tax is calculated as a percentage of your income. Your tax credits are deducted from this to
give the amount of tax that you have to pay. A tax credit has the effect of reducing your tax
by the amount of the credit.
This table sets out the main tax credits available in 2014 and 2015.
Tax credit 2014 2015
Single person €1,650 €1,650
Married person or civil partner €3,300 €3,300
PAYE credit €1,650 €1,650
Widowed person or surviving civil partner qualifying for Single Person Child Carer Credit €1,650 €1,650
Widowed person or surviving civil partner (without dependent children) €2,190 €2,190
Widowed Person or Surviving Civil Partner in year of bereavement €3,300 €3,300
One-parent family, widowed or surviving civil partner, deserted, separated or dissolved civil
partnership, divorced or single (with n/a n/a
Single Person Child Carer Credit €1,650 €1,650
Incapacitated Child Credit €3,300 €3,300
Blind Tax Credit
Single person
Married - one spouse or civil partner blind
Married - both spouses or civil partners blind
€1,650
€1,650
€3,300
€1,650
€1,650
€3,300
Widowed person or surviving civil partner with dependent child tax credit
Bereaved in 2014
Bereaved in 2013
Bereaved in 2012
Bereaved in 2011
Bereaved in 2010
Bereaved in 2009
n/a
€3,600
€3,150
€2,700
€2,250
€1,800
€3,600
€3,150
€2,700
€2,250
€1,800
n/a
Age tax credit
Single, widowed or a surviving civil partner
Married or in a civil partnership
€245
€490
€245
€490
Dependent relative tax credit €70 €70
Home carer tax credit €810 €810
Please contact the JMB/FSSU for advice. This information is for general guidance only. 33
Please contact the JMB/FSSU for advice. This information is for general guidance only. 34
Please contact the JMB/FSSU for advice. This information is for general guidance only. 35
Please contact the JMB/FSSU for advice. This information is for general guidance only. 36
Please contact the JMB/FSSU for advice. This information is for general guidance only. 37
Please contact the JMB/FSSU for advice. This information is for general guidance only. 38
Please contact the JMB/FSSU for advice. This information is for general guidance only. 39
Social Welfare Payments and Taxation
The following social welfare payments are liable for taxation. No tax is deducted at source by
the Department of Social Protection. All enquiries about your tax liability should be
addressed to your local tax office
USC All Department of Social Protection payments, including Maternity Benefit and State pensions, are exempt from the Universal Social Charge
Social Welfare Payments which are Liable for Tax
Social Insurance Payments
Illness Benefit
Jobseeker's Benefit
Carer's Benefit
State Pension (Contributory)
State Pension (Transition)
Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension
Guardian's (Contributory) Allowance
Invalidity Pension
Partial Capacity Benefit
Maternity Benefit
Adoptive Benefit
Health and Safety Benefit
Employment Injury Benefits
Injury Benefit
Disablement Pension
Death Benefit
Incapacity Supplement
Constant Attendance Allowance
Social Assistance Payments
State Pension (Non-Contributory)
One Parent Family Payment
Widow's Widower's or Surviving Civil Partner's (Non-Contributory) Pension
Guardian's (Non-Contributory) Pension
Blind Person's Pension
Carer's Allowance
Other Payments
Rural Social Scheme (RSS)
Please contact the JMB/FSSU for advice. This information is for general guidance only. 40
Tús - Community Work Placement Initiative
Community Services Programme
Job Initiative
Community Employment (CE)
Insolvency Payments (Note: Tax and PRSI is deducted by either the relevant
liquidator/receiver/administrator or by this Department, before the payment is made
to each employee. See here for more details)
Social Welfare Payments which are not Liable for Tax
Social Insurance Payments
Bereavement Grant
Employment Injury Benefits
Disablement Gratuity
Social Assistance Payments
Jobseeker's Allowance
Farm Assist
Pre-Retirement Allowance
Disability Allowance
Family Income Supplement
Supplementary Welfare Allowance
Child Benefit
Respite Care Grant
Other Payments
Household Benefits
Fuel Allowance
Statutory Redundancy Payments