Payment of Wages Act 1991

F10[Tips and gratuities notice - contract workers.

4F

4F. (1) A person to whom this section applies shall, in accordance with regulations made under subsection (2), display a notice (in this Act referred to as a "contract worker tips and gratuities notice") stating—

(a) whether or not tips or gratuities are distributed to and amongst contract workers,

(b) where tips or gratuities are so distributed to and amongst contract workers, the manner in which they are distributed and the amounts so distributed,

(c) whether mandatory charges, or any portion of them, are distributed to and amongst contract workers, and if so, the manner in which they are distributed and the amounts so distributed, and

(d) such further or additional information as may be prescribed under subsection (2).

(2) The Minister may by regulations prescribe, either generally or in relation to particular persons or classes of person to whom this section applies—

(a) particulars of the information referred to in paragraphs (a) to (d) of subsection (1) that shall be contained in a contract worker tips and gratuities notice,

(b) further or additional information relating to tips or gratuities, or mandatory charges, in addition to the information referred to in paragraphs (a) to (c) of subsection (1), that shall be contained in a contract worker tips and gratuities notice, and

(c) the manner in which, or particular locations at which (including on a website or other online digital platform hosted by the person, or at the place of business at which contract workers carry out their work or provide their service), a contract worker tips and gratuities notice shall be displayed.

(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a class C fine.

(4) In this Act, "contract worker" means a natural person who carries out work other than as an employee, including on a contract for service, for a person to whom this section applies.

Annotations:

Amendments:

F10

Inserted (27.10.2022) by Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 (23/2022), s. 3, S.I. No. 543 of 2022. A class C fine means a fine not exceeding €2,500 as provided (4.01.2011) by FInes Act 2010 (8/2010, ss. 3, 6(1), S.I. No. 662 of 2010.

Editorial Notes:

E16

Power pursuant to subs. (2) exercised (1.12.2022) by Payment of Wages Act 1991 (Display of Notices) Regulations 2022 (S.I. No. 545 of 2022), in effect as per reg. 2.

E17

Provision made for fixed payment notice for offence under subs. (3) by Workplace Relations Act 2015 (16/2015), s. 36(5)(b), as substituted (27.10.2022) by Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 (23/2022), s. 7, S.I. No. 543 of 2022.]