National Minimum Wage Act 2000


Number 5 of 2000


NATIONAL MINIMUM WAGE ACT 2000

REVISED

Updated to 1 January 2018


This Revised Act is an administrative consolidation of the National Minimum Wage Act 2000. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Finance Act 2017 (41/2017), enacted 25 December 2017, and all statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 5 of 2000


NATIONAL MINIMUM ACT 2000

REVISED

Updated to 1 January 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

National Minimum Wage Acts 2000 and 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 1(2)). The Acts in this group are:

National Minimum Wage Act 2000 (5/2000)

National Minimum Wage (Low Pay Commission) Act 2015 (22/2015) other than Part 3

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1991, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Credit Guarantee (Amendment) Act 2016 (1/2016)

National Minimum Wage (Low Pay Commission) Act 2015 (22/2015)

Workplace Relations Act 2015 (16/2015)

Education and Training Boards Act 2013 (11/2013)

Social Welfare and Pensions Act 2011 (9/2011)

Financial Emergency Measures in the Public Interest Act (38/2010)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Prisons Act 2007 (10/2007)

Carer’s Leave Act 2001 (19/2001)

All Acts up to and including Finance Act 2017 (41/2017), enacted 25 December 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

National Minimum Wage Order 2017 (S.I. No. 440 of 2017)

Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017)

National Minimum Wage Order 2016 (S.I. No. 516 of 2016)

European Union (Posting of Workers) Regulations 2016 (S.I. No. 412 of 2016)

National Minimum Wage Order 2015 (S.I. No. 442 of 2015)

Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 (S.I. No. 419 of 2015)

Merchant Shipping (Maritime Labour Convention) (Accommodation, Recreational Facilities, Food, Catering and Ships' Cooks) Regulations 2014 (S.I. No. 374 of 2014)

National Minimum Wage Act 2000 (Section 11) (No. 2) Order 2011 (S.I. No. 331 of 2011)

Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011)

National Minimum Wage Act 2000 (Section 11) Order 2011 (S.I. No. 13 of 2011)

Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010)

National Minimum Wage Act 2000 (National Minimum Hourly Rate of Pay) Order 2006 (S.I. No. 667 of 2006)

National Minimum Wage Act 2000 (National Minimum Hourly Rate of Pay) Order 2005 (S.I. No. 203 of 2005)

National Minimum Wage Act 2000 (National Minimum Hourly Rate of Pay) Order 2003 (S.I. No. 250 of 2003)

National Minimum Wage Act, 2000 (National Minimum Hourly Rate of Pay) (No.2) Order 2000 (S.I. No. 201 of 2000)

National Minimum Wage Act, 2000 (Prescribed Courses of Study or Training) Regulations 2000 (S.I. No. 99 of 2000)

National Minimum Wage Act, 2000 (Commencement) Order 2000 (S.I. No. 96 of 2000)

National Minimum Wage Act, 2000 (National Minimum Hourly Rate of Pay) Order 2000 (S.I. No. 95 of 2000)

All statutory instruments up to and including Legal Metrology (Measuring Instruments) Act 2017 (Commencement) Order 2018 (S.I. No. 1 of 2018), made 4 January 2018, were considered in the preparation of this revision.


Number 5 of 2000


NATIONAL MINIMUM WAGE ACT 2000

REVISED

Updated to 1 January 2018


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Regulations.

4.

Laying of orders and regulations before Houses of Oireachtas.

5.

Non-application of Act.

6.

Expenses of Minister.

7.

Provisions in agreement or legislation to pay less than national minimum hourly rate of pay are void.

PART 2

Working Hours and Pay Reference Period

8.

Working hours of employee for pay reference period.

9.

Certain employees to provide record of working hours to employer.

10.

Pay reference period.

PART 3

National Minimum Hourly Rate of Pay

Declaration and Review of National Minimum Hourly Rate of Pay

10A.

Establishment of Low Pay Commission.

10B.

Duty of Commission.

10C.

Functions of Commission.

10D.

National minimum hourly rate of pay.

10E.

Funding and resources.

11.

National minimum hourly rate of pay.

12.

National economic agreement recommending national minimum hourly rate of pay.

13.

Labour Court may recommend national minimum hourly rate of pay where no national economic agreement.

Entitlement of Employee to Payment and Sub-minimum Rates

14.

Entitlement to minimum hourly rate of pay.

15.

Rates of pay during first 2 years of employment after entering employment after, or attaining, age of 18 years.

16.

Trainee rates.

17.

Pro-rata entitlement to minimum hourly rate of pay for less than full hour.

Calculation of Minimum Hourly Rate of Pay

18.

Calculations for purpose of this Part.

19.

Reckonable and non-reckonable pay components in calculating average hourly rate of pay.

20.

Method of calculating employee’s average hourly rate of pay.

21.

Payment of amount owed to employee on termination of employment.

PART 4

Records and Statement of Average Hourly Earnings

22.

Records

23.

Employee entitled to statement of average hourly rate of pay for pay reference period.

PART 5

Disputes about Entitlement and Enforcement

Hearing of Disputes

24.

Disputes about entitlement to minimum hourly rate of pay.

25.

Prohibition of reduction in hours of work of an employee without a concomitant reduction in duties or amount of work.

26.

[ Decision of adjudication officer under section 41 of Workplace Relations Act 2015]

Appeals

27.

Appeal against rights commissioner’s decision.

28.

Power of Labour Court in relation to evidence.

29.

[ Decision of Labour Court on appeal from decision referred to in section 26.]

30.

Referral or appeal to High Court on question of law.

31.

Referral of decision of rights commissioner to Labour Court for determination.

32.

Enforcement of determination of Labour Court.

Inspectors and Inspections

33.

Inspectors and their powers.

34.

Investigation of allegation or matter by inspector.

Offences and Enforcement

35.

Offence to refuse or fail to pay minimum hourly rate of pay.

36.

Prohibition of victimisation of employee by employer.

37.

Penalties and proceedings.

38.

Defence for employer in proceedings.

39.

Civil proceedings.

40.

Employee’s entitlements not affected by conditions of contract of employment contravening certain Acts.

PART 6

Miscellaneous

41.

Employer in financial difficulty.

42.

Act not to derogate from certain provisions of or under Industrial Relations Acts, 1946 to 1990.

43.

Repercussive claims.

44.

Amendment of section 3 of Terms of Employment (Information) Act, 1994.

45.

Amendment of section 39 of Organisation of Working Time Act, 1997.

46.

Change of ownership of business.

47.

Extension of Protection of Employees (Employers’Insolvency) Act, 1984.

48.

Service of documents.

49.

Provisions relating to winding-up and bankruptcy.

50.

Recovery of money due to employee.

SCHEDULE 1

SCHEDULE 2


Acts Referred to

Bankruptcy Act, 1988

1988, No. 27

Civil Service Regulation Act, 1956

1956, No. 46

Companies Act, 1963

1963, No. 33

Courts Act, 1981

1981, No. 11

Employment Equality Act, 1977

1977, No. 16

Industrial Relations Act, 1946

1946, No. 26

Industrial Relations Act, 1990

1990, No. 19

Industrial Relations Acts, 1946 to 1990

Industrial Training Act, 1967

1967, No. 5

Labour Services Act, 1987

1987, No. 15

Local Government Act, 1941

1941, No. 23

Maternity Protection Act, 1994

1994, No. 34

Minimum Notice and Terms of Employment Acts, 1973 to 1991

Organisation of Working Time Act, 1997

1997, No. 20

Payment of Wages Act, 1991

1991, No. 25

Parental Leave Act, 1998

1998, No. 30

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict., c. 9

Protection of Employees (Employers’ Insolvency) Act, 1984

1984, No. 21

Protection of Employees (Employers’ Insolvency) Acts, 1984 to 1991

Redundancy Payments Acts, 1967 to 1991

Taxes Consolidation Act, 1997

1997, No. 39

Terms of Employment (Information) Act, 1994

1994, No. 5

Trade Union Act, 1941

1941, No. 22

Unfair Dismissals Act, 1977

1977, No. 10

Unfair Dismissals Acts, 1977 to 1993

Worker Protection (Regular Part-Time Employees) Act, 1991

1991, No. 5


Number 5 of 2000


NATIONAL MINIMUM WAGE ACT 2000

REVISED

Updated to 1 January 2018


AN ACT TO PROVIDE FOR THE DETERMINATION, DECLARATION AND REVIEW OF A NATIONAL MINIMUM HOURLY RATE OF PAY FOR EMPLOYEES, THE ENTITLEMENT OF EMPLOYEES TO REMUNERATION FOR EMPLOYMENT AT A RATE NOT LESS THAN OR CALCULATED BY REFERENCE TO THAT NATIONAL MINIMUM HOURLY RATE, THE CALCULATION OF EMPLOYEES’ ENTITLEMENTS, THE SETTLEMENT OF DISPUTES RELATING TO SUCH ENTITLEMENTS, THE ENFORCEMENT AND RECOVERY OF WAGES, THE IMPOSITION OF PENALTIES FOR BREACHES OF THIS ACT, THE AMENDMENT OF THE TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994, THE ORGANISATION OF WORKING TIME ACT, 1997, AND THE PROTECTION OF EMPLOYEES (EMPLOYERS’ INSOLVENCY) ACT, 1984, AND FOR RELATED PURPOSES. [31 st March, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and “Minister for” and “Department of Jobs, Enterprise and Innovation” construed (1.09.2017) by Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional provisions in arts. 4, 5. Note that original “Minister for” and “Department of Enterprise, Trade and Employment” changed or functions transferred:

• to Minster for and Department of Enterprise, Trade and Innovation (2.05.2010) by Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010); and

• to Minister for and Department of Jobs, Enterprise and Innovation (2.06.2011) by Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011).

...

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Social Protection.

(2) References to the Department of Jobs, Enterprise and Innovation contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Social Protection.

3. (1) The functions vested in the Minister for Jobs, Enterprise and Innovation—

(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and

(b) under the Regulations specified in Part 3 of the Schedule,

are transferred to the Minister for Social Protection.

(2) References to the Minister for Jobs, Enterprise and Innovation contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Social Protection.

...

SCHEDULE

PART 1

Acts of the Oireachtas

...

National Minimum Wage Act 2000 (No. 5 of 2000)

...

Editorial Notes:

E1

Collectively cited National Minimum Wage Acts 2000 and 2015 included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 7, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2).