National Minimum Wage Act 2000

10C

F14[Functions of Commission

10C.F15[(1) Without prejudice to the generality of section 10B, the Commission shall once each year, after consultation with and voluntary participation of the representatives of employers and employees

(a) examine the national minimum hourly rate of pay, prescribed percentages and allowances, and

(b) make a recommendation to the Minister respecting the national minimum hourly rate of pay, prescribed percentages and allowances.]

(2) (a) A recommendation under this section shall be accompanied by a report on the matters considered when making the recommendation.

(b) A recommendation and report under this section shall be furnished to the Minister on or before the third Tuesday falling in July in the year to which the examination relates.

(3) When making a recommendation under subsection (1)(b), the Commission shall have regard to

F15[(a) changes in earnings during the relevant period, including their growth rate, general levels, and distribution,]

(b) changes in currency exchange rates during the relevant period,

(c) changes in income distribution during the relevant period,

(d) whether during the relevant period

(i) unemployment has been increasing or decreasing,

(ii) employment has been increasing or decreasing, and

(iii) productivity has been increasing or decreasing,

both generally and in the sectors most affected by the making of an order under section 10D (inserted by section 8 of the Act of 2015),

(e) international comparisons, particularly with Great Britain and Northern Ireland,

(f) the need for job F15[creation,]

(g) the likely effect that any proposed order will have on

(i) levels of employment and unemployment,

(ii) the cost of living, and

(iii) national F15[competitiveness,]

F16[(h) the purchasing power of the national minimum hourly rate of pay, taking into account the cost of living,

(i) long-term national productivity levels and developments, and

(j) indicative reference values used at international or national levels, such as 60% of the gross median wage, in order to guide the assessment of the adequacy of the national minimum hourly rate of pay.]

(4) (a) If so requested by the Minister, the Commission shall examine and report its views and recommendations on such matters, related generally to the functions of the Commission under this Act, as are specified by the Minister in that request.

(b) A request under paragraph (a) shall

(i) be made not later than 2 months after this Act comes into operation and, thereafter, not later than 2 months after the beginning of each year,

(ii) be part of that years work programme of the Commission, and

(iii) specify the period within which the Commission shall report its views and recommendations to the Minister.

(c) The Minister may extend the period specified under paragraph (b)(iii).

(5) The Commission shall once every 3 years report generally on the operation of this Act and, in particular, on the impact of any orders made under section 10D on low pay, income distribution and employment costs.

F17[(6) When preparing a report under this section the Commission shall consult with representatives of employers and employees, and such other persons it thinks appropriate, in a timely and effective manner and shall consult in particular on

(a) the national minimum hourly rate of pay, prescribed percentages and allowances, and

(b) decisions relating to the collection of data and the carrying out of studies and analyses to provide information to authorities and other representatives involved in setting the national minimum hourly rate of pay.]

(7) The Minister shall cause a copy of any report or recommendation furnished to him or her in accordance with this section to be laid before each House of the Oireachtas not later than 3 months after the receipt of that report or recommendation.

(8) The Commission shall have all such powers as are necessary or expedient for the performance of its functions.

F17[(9) In this section

"allowances" means an allowance declared by order in accordance with section 10D(3);

"prescribed percentages" means a percentage prescribed by the Minister in accordance with section 15(1);

"relevant period" means the period since the most recent making of an order under section 10D (inserted by section 8 of the Act of 2015).]]

Annotations

Amendments:

F14

Inserted (15.07.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 7, commenced on enactment.

F15

Substituted (15.11.2024) by European Union (Adequate Minimum Wages) Regulations 2024 (S.I. No. 633 of 2024), reg. 4(a), (b)(i)-(iii).

F16

Inserted (15.11.2024) by European Union (Adequate Minimum Wages) Regulations 2024 (S.I. No. 633 of 2024), reg. 4(b)(iv).

F17

Substituted (15.11.2024) by European Union (Adequate Minimum Wages) Regulations 2024 (S.I. No. 633 of 2024), reg. 4(c), (d).

Editorial Notes:

E18

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