National Minimum Wage Act 2000

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

47

47.Section 6 of the Protection of Employees (Employers’ Insolvency) Act, 1984 , is hereby amended—

( a) in subsection (2)( a)—

(i) by the deletion of “and” from the end of subparagraph (x),

(ii) in subparagraph (xi), by the substitution for “Employment Equality Act, 1977.” of “Employment Equality Act, 1977,”, and

(iii) by the insertion of the following after subparagraph (xi):

“(xii) any amount which an employer is required to pay by virtue of the National Minimum Wage Act, 2000 , being an amount by reference to which proceedings have been instituted against the employer for an offence under section 35 of the National Minimum Wage Act, 2000, and

(xiii) any amount which an employer is required to pay by virtue of—

(I) a decision of a rights commissioner under section 26 of the National Minimum Wage Act, 2000, or

(II) a determination of the Labour Court under section 29 of the National Minimum Wage Act, 2000 ,

and made, in any case, not earlier than the commencement of the relevant period.”,

( b) in subsection (4)( c), by the insertion of the following after subparagraph (vi):

“(vii) A payment shall not be made under this section in respect of an amount to which a decision of a rights commissioner under section 26 of the National Minimum Wage Act, 2000, relates unless—

(I) in case an appeal from the decision to the Labour Court is brought under section 27 of that Act, the appeal is withdrawn, or

(II) in case there is no such appeal, the time for bringing such an appeal has expired.

(viii) A payment shall not be made under this section in respect of an amount to which a determination under section 29 of the National Minimum Wage Act, 2000 , relates unless—

(I) in case an appeal from the determination is brought to the High Court under section 30 of that Act, the appeal is withdrawn, or

(II) in case there is no appeal, the time for bringing an appeal has expired.”,

and

( c) in subsection (9), in the definition of “the relevant date”, by the substitution for “(x) or (xi) of subsection (2)( a)” of “(x), (xi) or (xiii) of subsection (2)( a)”.