National Minimum Wage Act 2000

10D

F14[National minimum hourly rate of pay

10D.(1) Within 3 months of the date of receipt of a recommendation and report submitted to him or her under section 10C(2) and having considered the report and recommendation and having had regard to section 10C(3), the Minister shall

(a) by order declare a national minimum hourly rate of pay

(i) in the terms recommended by the Commission, or

(ii) in other terms,

or

(b) decline to make such an order.

F15[(1A) Where the Minister

(a) having received a recommendation and report submitted to him or her under section 10C(2), having considered the report and recommendation and, having had regard to section 10C(3), has declined to make an order in accordance with subsection (1) (b), and

(b) has, in accordance with subsection (2) (b), prepared and laid before both Houses of the Oireachtas a statement of his or her reasons for declining to make such order,

the Minister may by order declare a national minimum hourly rate of pay in the terms recommended by the Commission or in other terms.]

(2) Where the Minister

(a) by order declares a national minimum hourly rate of pay in terms other than terms recommended by the Commission, F16[]

F15[(ab) by order declares a national minimum hourly rate of pay in accordance with subsection (1A), or]

(b) declines to make an order declaring a national minimum hourly rate of pay,

the Minister shall prepare and lay before both Houses of the Oireachtas a statement of his or her reasons for so doing.

(3) The national minimum hourly rate of pay declared by order under this section may include an allowance in respect of board and lodgings, board only or lodgings only at such rates as are specified in the order.

(4) Where the Commission fails to make a recommendation or submit the report required in accordance with section 10C(2)(b) the Minister may, by order, having had regard to section 10C(3), declare a national minimum hourly rate of pay.]

Annotations

Amendments:

F14

Inserted (15.07.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 8, commenced on enactment.

F15

Inserted (24.12.2019 until date on which a recommendation under s. 10C is next made to the Minister) by Social Welfare (No. 2) Act 2019 (48/2019), s. 28(1)(a), (b)(ii), commenced on enactment and ceasing to have effect as per subs. (2).

F16

Deleted (24.12.2019 until date on which a recommendation under s. 10C is next made to the Minister) by Social Welfare (No. 2) Act 2019 (48/2019), s. 28(1)(b)(i), commenced on enactment and ceasing to have effect as per subs. (2).

Editorial Notes:

E18

Power pursuant to subs. (1) exercised (1.01.2023) by National Minimum Wage Order 2022 (S.I. No. 500 of 2022), in effect as per art. 1(ii).

E19

Previous affecting provision: power pursuant to subs. (1)(a) exercised (1.1.2022) by National Minimum Wage Order 2021 (S.I. No. 517 of 2021), in effect as per art. 1(ii); superseded as per F-note above.

E20

Previous affecting provision: power pursuant to subs. (1)(a) exercised (1.01.2021) by National Minimum Wage Order (No. 2) 2020 (S.I. No. 427 of 2020), in effect as per art. 2; superseded as per E-note above.

E21

Previous affecting provision: power pursuant to subs. (1)(a) exercised (1.02.2020) by National Minimum Wage Order 2020 (S.I. No. 8 of 2020), in effect as per art. 1(2); superseded as per E-note above.

E22

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.2019) by National Minimum Wage Order 2018 (S.I. No. 402 of 2018), in effect as per art. 1(ii); superseded as per E-note above.

E23

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.2018) by National Minimum Wage Order 2017 (S.I. No. 440 of 2017), in effect as per art. 1(2); superseded as per E-note above.

E24

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.2017) by National Minimum Wage Order 2016 (S.I. No. 516 of 2016), in effect as per art. 1(2); superseded as per E-note above.

E25

Previous affecting provision: power pursuant to subs. (1) exercised (1.01.2016) by National Minimum Wage Order 2015 (S.I. No. 442 of 2015), in effect as per art. 1(2); superseded as per E-note above.

E26

Previous affecting provision: power pursuant to s. 11(1) exercised (1.07.2011) by National Minimum Wage Act 2000 (Section 11) (No. 2) Order 2011 (S.I. No. 331 of 2011); the order appears to have remained in effect between repeal (15.07.2015) of the enabling section and coming into effect (1.01.2016) of National Minimum Wage Order 2015 (S.I. No. 442 of 2015) by virtue of Interpretation Act 2005 (23/2005) s. 26(2)(d), and to be deemed to be made under this section; superseded as per E-note above.

E27

The section heading is taken from the amending section in the absence of one included in the amendment.