Financial Emergency Measures in the Public Interest Act 2010

Amendment of National Minimum Wage Act 2000.

13.— The National Minimum Wage Act 2000 is amended—

(a) by the substitution of the following section for section 11:

“11.— (1) The Minister shall, by order, declare a national minimum hourly rate of pay for the purposes of this Act of €7.65.

(2) The Minister may, by order, amend or revoke an order under this section (including an order under this subsection).

(3) The Minister may make an order under subsection (2) whether or not a recommendation under section 12 or 13 has been made.

(4) The Minister shall, for the purpose of deciding whether or not to make an order under subsection (2), take account of the following matters:

(a) changes in earnings during the period since the most recent making of an order under this section;

(b) changes in currency exchange rates during that period;

(c) whether during that period—

(i) unemployment has been increasing or decreasing, and

(ii) employment has been increasing or decreasing;

(d) the likely effect that the proposed order will have on—

(i) levels of employment and unemployment,

(ii) the cost of living, and

(iii) national competitiveness; and

(e) where a recommendation has been made under section 12 or 13, that recommendation.

(5) The national minimum hourly rate of pay declared by order under this section may include an allowance in respect of board and lodgings, board only or lodgings only at such rates as are specified in the order.”,

(b) by the substitution, in subsection (2) of section 12, of “(4)” for “(1)”,

(c) in section 13, by—

(i) the substitution, in subsection (5), of the words “matters specified in paragraphs (a), (b), (c) and (d) of subsection (4) of section 11.” for “following matters:”,

(ii) the deletion, in that subsection, of paragraphs (a), (b) and (c),

(iii) the insertion of the following subsection:

“(5A) A recommendation under subsection (4) or (5) shall not be made after the expiration of 13 weeks from the making of the request under subsection (3).”, and

(iv) the substitution, in subsection (7), of “section 11(4)” for “section 11(1)”.