National Minimum Wage Act, 2000
Interpretation. |
2.—(1) In this Act, unless the context otherwise requires— | |
“contract of employment” means— | ||
(a) a contract of service or apprenticeship, or | ||
(b) any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person or a third person (whether or not the third person is a party to the contract), | ||
whether the contract is express or implied and, if express, whether or not it is in writing; | ||
“employee” means a person of any age who has entered into, or works or has worked under, a contract of employment; | ||
“employer”, in relation to an employee, means the person with whom the employee has entered into, or for whom the employee works or has worked under, a contract of employment, and includes a transferee of an undertaking referred to in section 46 ; | ||
“functions” includes powers and duties; | ||
“inspector” means a person appointed under section 33 (1) as an inspector; | ||
“Minister” means the Minister for Enterprise, Trade and Employment; | ||
“national minimum hourly rate of pay” means the rate of pay declared by order of the Minister under section 11 ; | ||
“pay” means all amounts of payment, and any benefit-in-kind specified in Part 1 of the Schedule , made or allowed by an employer to an employee in respect of the employee's employment; | ||
“pay reference period”, in relation to an employee, means the period selected under section 10 by his or her employer; | ||
“premium” means any amount in excess of basic pay payable to an employee in respect of his or her work; | ||
“prescribed” means prescribed by regulations made under this Act by the Minister; | ||
“working hours” has the meaning assigned to it by section 8 . | ||
(2) A reference in this Act to an employee of an employer shall be construed as a reference to an employee employed by that employer or to whom the employer is liable to pay wages and for that purpose a person holding office under, or in the service of, the State (including a civil servant within the meaning of the Civil Service Regulation Act, 1956 ) shall be deemed to be an employee employed by the State or the Government and an officer or servant of a local authority for the purposes of the Local Government Act, 1941 , or of a harbour authority, health board or vocational education committee, shall be deemed to be an employee employed by the respective authority, board or committee. | ||
(3) In this Act— | ||
(a) a reference to any other enactment shall, except to the extent that the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act, | ||
(b) a reference to a section or Part is a reference to a section or Part of this Act, unless it is indicated that reference to some other enactment is intended, | ||
(c) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and | ||
(d) a reference to the Schedule is a reference to the Schedule to this Act. |