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Company I am working for refuses to pay my NIS

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pioneer5220
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Company I am working for refuses to pay my NIS

Postby pioneer5220 » January 25th, 2022, 8:55 am

They say that I am a service provider and contractor although they pay my salary monthly through the bank but refuses to take out the NIS and pay it.

I am on a 1 year contract presently. I work on a computer at the company everyday my position is marketing and tech support

I went into NIS office they said I can't pay it myself because I am working at the company, I spoke to my manager and he said that NIS has no clue what they are talking about and that I can pay it myself

WTF to do

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Dizzy28
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Re: Company I am working for refuses to pay my NIS

Postby Dizzy28 » January 25th, 2022, 9:02 am

pioneer5220 wrote:They say that I am a service provider and contractor although they pay my salary monthly through the bank but refuses to take out the NIS and pay it.

I am on a 1 year contract presently. I work on a computer at the company everyday my position is marketing and tech support

I went into NIS office they said I can't pay it myself because I am working at the company, I spoke to my manager and he said that NIS has no clue what they are talking about and that I can pay it myself

WTF to do


Do you have any paperwork?
Initial contract?
What do you do monthly? - submit an invoice to be paid or is a fixed sum deposited in your account?

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Re: Company I am working for refuses to pay my NIS

Postby VexXx Dogg » January 25th, 2022, 9:06 am

https://www.nibtt.net/faq/registration_09.html
NIBTT wrote:Every employer is required to apply for registration of employees within fourteen days of employment, failing which he is liable on summary conviction to a fine of five thousand ($5,000.00) dollars.


Every employer and employed person who earns in excess of $200.00 per week and every apprentice (paid or unpaid) shall be registered for the purposes of the system of National Insurance, including a woman employed by her husband. The contract of employment maybe written, oral, expressed or implied.

Payment of contributions is shared partly between the employer and the employee in a 2:1 ratio. The employer is statutorily obligated to deduct the employee's contribution no later than on the date of payment of salaries/wages.


Send them this page.
If they still not playing ball....
Document everything in writing and email:
customercare@NIBTT.net

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Re: Company I am working for refuses to pay my NIS

Postby Dave » January 25th, 2022, 9:07 am

Does your contract speak about you being responsible for your statutory deductions?
Was this discussed when you were being interviewed?

The law was never passed for you to be able to make contributions on your behalf afaik.

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Re: Company I am working for refuses to pay my NIS

Postby pioneer5220 » January 25th, 2022, 9:09 am

Dizzy28 wrote:
Do you have any paperwork?
Initial contract?
What do you do monthly? - submit an invoice to be paid or is a fixed sum deposited in your account?


All I have is a contract stating that I am a "service provider" who is on a 1 year contract, the service provider will be paid $4500 per month and both parties are allowed to terminate the contract with 2 weeks notice. The contract is from Jan 1st 2022 to December 31st 2022

I get no receipt when I get pay or anything all I have is proof in my bank statement if I log into my republic bank online account it says "Company X Invoice Payment - $4500"

I need to submit a monthly invoice in order to get paid tho but I don't have a company or anything

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Re: Company I am working for refuses to pay my NIS

Postby Dave » January 25th, 2022, 9:12 am

You provide an invoice as a supplier. No deductions would be removed from your pay.

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Re: Company I am working for refuses to pay my NIS

Postby VexXx Dogg » January 25th, 2022, 9:16 am

Dave wrote:You provide an invoice as a supplier. No deductions would be removed from your pay.


Yup, you not classed as a normal employee. That invoice submission thing clears up plenty.

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Re: Company I am working for refuses to pay my NIS

Postby Redman » January 25th, 2022, 9:33 am

Form your own company NOW.

Start treating yourself as a business.....They hire your co...your co hires you...you handle your own stat payments...

The Net result is that you would probably net more after the pass through of revenue - and also be able to scale up...

Your employer is doing it the smart way.

At the end of a year you personally can still add the work to your resume and your Co has also spent a year supplying services.

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Re: Company I am working for refuses to pay my NIS

Postby pioneer5220 » January 25th, 2022, 9:36 am

Not like I have a choice in the matter, it's either I do this or find another work.

I guess I must now choose the latter, sigh.... I guess you live you learn, I had no idea you could get away from paying NIS apparently companies found a way to do it. Most employees likely would not complain either as most people prefer take all the money than Pay NIS. My problem is what happens if something happens to me or if i turn 60? I won't have anything to get.
Last edited by pioneer5220 on January 25th, 2022, 12:29 pm, edited 1 time in total.

pioneer5220
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Re: Company I am working for refuses to pay my NIS

Postby pioneer5220 » January 25th, 2022, 9:43 am

Sooo NIS says I still cannot pay my own NIS and that the company has to pay it.

I speak to the company management and they said they won't do it. WTF

So then I must take out a private pension plan with guardian life or something for when I get old?

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Re: Company I am working for refuses to pay my NIS

Postby pioneer5220 » January 25th, 2022, 9:53 am

Redman wrote:Form your own company NOW.

Start treating yourself as a business.....They hire your co...your co hires you...you handle your own stat payments...

The Net result is that you would probably net more after the pass through of revenue - and also be able to scale up...

Your employer is doing it the smart way.

At the end of a year you personally can still add the work to your resume and your Co has also spent a year supplying services.


Yeah well from the time I heard they don't pay NIS at this company I completely gave up on going the extra mile for them and their customers, I used to give free after work support etc I wanted to work for them for 2 years tho, but the thought of 2 years and not a single contribution especially since I am now 40 years old. I guess I can just forget about buying a vehicle and just travel, it would have been easier if I could work here for 2 years so I can pay out for a vehicle but 2 years and no NIS sigh... so much contributions lost

I got displaced from my last job due to the Covid Pandemic shutdown and now I am desperate for a job and so I agreed to everything they demanded :cry: :cry:

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Re: Company I am working for refuses to pay my NIS

Postby Dizzy28 » January 25th, 2022, 9:56 am

pioneer5220 wrote:Sooo NIS says I still cannot pay my own NIS and that the company has to pay it.

I speak to the company management and they said they won't do it. WTF

So then I must take out a private pension plan with guardian life or something for when I get old?


You should still have a personal pension plan once you can. There is no telling what the cost of retirement will be when you reach that age but $3,500/month probably would not be sufficient.

Edit - Now realize you say you are 40. How much contributions do you have with NIS?

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Re: Company I am working for refuses to pay my NIS

Postby pioneer5220 » January 25th, 2022, 10:01 am

Dizzy28 wrote:
pioneer5220 wrote:Sooo NIS says I still cannot pay my own NIS and that the company has to pay it.

I speak to the company management and they said they won't do it. WTF

So then I must take out a private pension plan with guardian life or something for when I get old?


You should still have a personal pension plan once you can. There is no telling what the cost of retirement will be when you reach that age but $3,500/month probably would not be sufficient.

Edit - Now realize you say you are 40. How much contributions do you have with NIS?


I have about 260 contributions.

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Re: Company I am working for refuses to pay my NIS

Postby Dave » January 25th, 2022, 10:07 am

To qualify for a NIS pension you would have had to make 750 contributions or just under 14.5 years of continued work with NIS contributions being deducted and remitted.
And yes you should not only bank on a NIS pension alone for retirement. Get an annuity or a UTC retirement plan.

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Re: Company I am working for refuses to pay my NIS

Postby pioneer5220 » January 25th, 2022, 10:13 am

Dave wrote:To qualify for a NIS pension you would have had to make 750 contributions or just under 14.5 years of continued work with NIS contributions being deducted and remitted.
And yes you should not only bank on a NIS pension alone for retirement. Get an annuity or a UTC retirement plan.


ok thank you for this information I shall look into this.

I wonder what happens if you lose your job and can't afford such an annuity from UTC while paying it regular, do you need to make a certain number of contributions with UTC to guarantee a retirement plan at 60 years old? do you have an idea how much something like this costs monthly?

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Re: Company I am working for refuses to pay my NIS

Postby Dave » January 25th, 2022, 10:19 am

You can contribute as much as you wish on a monthly basis. The more you contribute the more you get at maturity. If you don't pay for a few months then the lump sum you get would be less than what was projected when you first took it out again based in x amt on a mthly basis.

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Re: Company I am working for refuses to pay my NIS

Postby pioneer5220 » January 25th, 2022, 10:39 am

Dave wrote:You can contribute as much as you wish on a monthly basis. The more you contribute the more you get at maturity. If you don't pay for a few months then the lump sum you get would be less than what was projected when you first took it out again based in x amt on a mthly basis.


Thank you kindly I will also pass on this info to the cashier who works at the pharmacy next door she has the same issue as I do her company also refuses to pay her NIS.

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Re: Company I am working for refuses to pay my NIS

Postby Chimera » January 25th, 2022, 10:45 am

careful eh pioneer.

in this kinda timing if you give them too much trouble they could easily activate that 2 week termination policy

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Re: Company I am working for refuses to pay my NIS

Postby widdyphuck » January 25th, 2022, 10:47 am

You cannot pay your own NIS unless you own a LLC company and you are a director in said company receiving a salary as a worker.

The reason this company classifying you as service provider is that they ain't want to pay your NIS and basically ripping you off.

You should lawyer up.

At least they not taking out NIS payments and keeping it for themselves.

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Re: Company I am working for refuses to pay my NIS

Postby Chimera » January 25th, 2022, 10:49 am

wtf wrote:You cannot pay your own NIS unless you own a LLC company and you are a director in said company receiving a salary as a worker.

The reason this company classifying you as service provider is that they ain't want to pay your NIS and basically ripping you off.

You should lawyer up.

At least they not taking out NIS payments and keeping it for themselves.


they not ripping him off though
hes a service provider with set hours and not an employee really

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Re: Company I am working for refuses to pay my NIS

Postby widdyphuck » January 25th, 2022, 10:55 am

Phone Surgeon wrote:
wtf wrote:You cannot pay your own NIS unless you own a LLC company and you are a director in said company receiving a salary as a worker.

The reason this company classifying you as service provider is that they ain't want to pay your NIS and basically ripping you off.

You should lawyer up.

At least they not taking out NIS payments and keeping it for themselves.


they not ripping him off though
hes a service provider with set hours and not an employee really
Once he is earning greater than $200 per week from an employer he is entitled to have his nis paid by said employer.

Remember he ain't getting any younger and at the end he would have had 1 year less nis contributions towards his retirement.

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Re: Company I am working for refuses to pay my NIS

Postby The_Honourable » January 25th, 2022, 11:15 am

Sorry to hear that you got laid off.

As redman stated, form your own company. Forming an LLC is an option. Once you are already insured you can make voluntary contributions to NIS as a sole trader business so you can look into that. Sole Traders and LLC have its pros and cons.

You can lawyer up as widdy mentioned but don't sue or anything. Just go for advice and make sure is a lawyer that specializes with contracts. As you was desperate, they had the power in the negotiations. Take the licks until contract expires where at that point, you have more knowledge and can renegotiate on your own terms. You also have to prepare yourself to walk away if they not budging.

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Re: Company I am working for refuses to pay my NIS

Postby pioneer5220 » January 25th, 2022, 11:19 am

The amazing thing is right next door the cashier girl in the Pharmacy has the same issue they gave her a new contract when her last one expired and suddenly stopped paying the NIS, then asked her to start submitting an invoice for payment and said NIS is not their responsibility.

The only person to solve this loop hole might be the finance minister.

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Dizzy28
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Re: Company I am working for refuses to pay my NIS

Postby Dizzy28 » January 25th, 2022, 11:24 am

The pharmacy one giving trouble than yours though given your contract and work duties . You are not supposed to use the contract system to bypass relevant statutory requirements.

How does a cashier end up as contracted invoiceable work?

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Re: Company I am working for refuses to pay my NIS

Postby pioneer5220 » January 25th, 2022, 11:28 am

Dizzy28 wrote:The pharmacy one giving trouble than yours though given your contract and work duties . You are not supposed to use the contract system to bypass relevant statutory requirements.

How does a cashier end up as contracted invoiceable work?


When her contract ended they gave her a new contract similar to mine I only learnt about this because I was explaining to her the situation I am in, she then explained the same thing is happening with her when I read her contract it was very similar.

This is so wrong on so many levels. I messaged Mr Imbert about the matter, I hope he can look into it.

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Re: Company I am working for refuses to pay my NIS

Postby redmanjp » January 25th, 2022, 11:31 am

Phone Surgeon wrote:
wtf wrote:You cannot pay your own NIS unless you own a LLC company and you are a director in said company receiving a salary as a worker.

The reason this company classifying you as service provider is that they ain't want to pay your NIS and basically ripping you off.

You should lawyer up.

At least they not taking out NIS payments and keeping it for themselves.


they not ripping him off though
he's a service provider with set hours and not an employee really


Does he have a registered business? If not how can they legally consider him a service provider? The contract mentions the name of a business? If not i think they doing something illegal and he should definitely get a lawyer to sort this out and claim back contributions if he is entitled to it.

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Re: Company I am working for refuses to pay my NIS

Postby Dizzy28 » January 25th, 2022, 11:33 am

Ministry of Labour is your best bet now. Imbert will not respond to you (unless you is a shotta). There are however units in MOL who would.
You can try the Conciliation, Advisory and Advocacy Unit first. They have a South Office as well.
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Re: Company I am working for refuses to pay my NIS

Postby Chimera » January 25th, 2022, 11:35 am

pioneer just be careful with however you decide to treat this issue in these hard times.

good luck

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Re: Company I am working for refuses to pay my NIS

Postby pioneer5220 » January 25th, 2022, 11:45 am

Phone Surgeon wrote:pioneer just be careful with however you decide to treat this issue in these hard times.

good luck


understood will take all of this advice posted on this thread into considering and weigh my best option which might end up being to work for the 2 years I had planned until I can get my vehicle and back on my feet after the covid shutdown and being displaced.

I know for sure if I did take them to task on this matter they would either force me to quit or outright fire me, I know this for a fact even tho I literally give up my lunch hour for free to the company everyday due to how busy and short staff we are as well as work for free on weekends which was a verbal agreement. Even with all that I know they would fire me if I took any kind of legal action, they have 0 tolerance for betrayal.

I am gaining valuable experience in this job, after 2 years I would be able to apply in most other companies and stand a very good chance of getting through. At max it may take me up to 3 years because I Wanted to go and complete my final year and get my degree, it would be 3 years of no NIS contribution but I guess it is called a sacrifice.
Last edited by pioneer5220 on January 25th, 2022, 11:54 am, edited 1 time in total.

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Re: Company I am working for refuses to pay my NIS

Postby Dave » January 25th, 2022, 11:46 am

A short term contract for service is an open and shut case. I would only fault them for not saying you are responsible for remitting your own statutory payments.
They will employ you...break the contract for a period then rehire. No obligation for them to deduct and remit anything on your behalf.

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