National Minimum Wage Act, 2000
Trainee rates. |
16.(1)—Subject to subsection (3) and sections 17 and 18 , where an employee who has attained the age of 18 years undergoes a course of study or training authorised by the employer within the workplace or elsewhere during normal working hours, such courses or training to be prescribed in regulations made by the Minister, the employee shall be remunerated by his or her employer in respect of his or her working hours in any pay reference period at a rate of pay that on average is not less than the following percentages of the national minimum hourly rate of pay: | |
(a) in respect of the first one-third period (but not exceeding 12 months) of the total study or training period, 75 per cent; | ||
(b) in respect of the second one-third period (but not exceeding 12 months) of the total study or training period, 80 per cent; | ||
(c) in respect of the third one-third period (but not exceeding 12 months) of the total study or training period, 90 per cent. cent. | ||
(2) For the purpose of subsection (1), where a one-third period exceeds 12 months, the next subsequent one-third period shall be deemed to commence on the expiration of the previous period of 12 months. | ||
(3) This section extends to an employee who is undergoing a course of study or training authorised by his or her employer which is subsequently prescribed for the purposes of subsection (1) and who— | ||
(a) had not attained the age of 18 years at the time of the prescribing of the course of study or training, or | ||
(b) had attained the age of 18 years at the time of the commencement of the course of study or training (whether or not he or she commenced that course before or after the commencement of this section), | ||
and the date by reference to which the one-third periods of the total study or training period shall be calculated for the purposes of subsection (1) as so extended is the date (before or after the commencement of this section) on which the employee's period of study or training actually commenced, but the employee shall be entitled to remuneration at the relevant percentage of the national minimum hourly rate of pay, as provided for in subsection (1), only in respect of that part of such one-third period or periods remaining after the date on which— | ||
(i) this section commenced, | ||
(ii) the course of study or training was or is prescribed, or | ||
(iii) the employee attained or attains the age of 18 years, | ||
whichever is the later date. | ||
(4) Subsection (1) does not apply to an employee who has already undertaken, before or after the commencement of this section, a course of study or training that is similar in purpose or content, while employed by the same or a different employer. |