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National Minimum Wage Act, 2000

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Number 5 of 2000


NATIONAL MINIMUM WAGE ACT, 2000


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

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 rights commissioner.

Appeals

27.

Appeal against rights commissioner's decision.

28.

Power of Labour Court in relation to evidence.

29.

Determination of Labour Court on appeal.

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


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

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Number 5 of 2000


NATIONAL MINIMUM WAGE ACT, 2000


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. [31st March, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: