Payment of Wages Act 1991

F9[Tips and gratuities notice.

4E

4E. (1) An employer to which this section applies shall, in accordance with regulations made under subsection (2), display a notice (in this Act referred to as a "tips and gratuities notice") stating—

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

(b) where tips or gratuities are so distributed to and amongst employees, 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 employees, 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 employers or classes of employers to which this section applies—

(a) particulars of the information referred to in paragraphs (a) to (d) of subsection (1) that shall be contained in a 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 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 employer, or at the place of business at which employees carry out their employment), a tips and gratuities notice shall be displayed.

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

Annotations:

Amendments:

F9

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:

E14

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.

E15

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.