Page 12 - Workplace Relations Guide to Employment Law
P. 12

The Commission comprises 8 members   The particular issues the Commission is
         and  an independent  Chairperson.  There   obliged to have regard to in considering its
         are members who have an understanding   recommendation are —
         of the interests of employers, particularly
         small to medium-sized employers and   (a)   changes in earnings during the
         those  operating  in  traditionally low   relevant period,
         pay sectors, and who possess a good   (b)   changes in currency exchange rates
         knowledge and understanding of the     during the relevant period,
         particular issues faced by Irish businesses,
         particularly in relation to labour costs and   (c)   changes in income distribution
         competitiveness. There are members who   during the relevant period,
         have an understanding of the interests of   (d)   whether during the relevant
         employees, particularly the impact of living   period—
         on the minimum wage and the sectors      (i)   unemployment has been
         where low pay and minimum wage workers    increasing or decreasing,
         are concentrated. There are also academics      (ii)   employment has been
         with particular knowledge or expertise    increasing or decreasing, and
         in relation to economics, labour market      (iii)  productivity has been increasing
         economics, statistics, and employment law,   or decreasing,
         as well as proven competence in analysing       both generally and in the sectors
         and evaluating economic research and   most affected by the making of an
         statistical analysis. The term of office of a   order,
         member of the Commission is three years   (e)   international comparisons,
         from the date of his or her appointment.   particularly with Great Britain and
         A person may not be a member of the    Northern Ireland,
         Commission for more than two consecutive   (f)   the need for job creation, and
         terms of office but is otherwise eligible for
         re-appointment.                      (g)   the likely effect that any proposed
                                                order will have on —
                                                 (i)   levels of employment and
         The National Minimum  Wage (Low Pay
         Commission)  Act 2015  requires  the      unemployment,
         Commission in making a recommendation to      (ii)  the cost of living, and
         the Minister on the National Minimum Wage      (iii) national competitiveness.
         (NMW) to have regard to a number of factors
         since the most recent making of a National
         Minimum Wage Order.                 Health and Safety Authority

         The remit, and the legislation, also require   The Health and Safety Authority is the national
         that the Commission give consideration to   statutory body with responsibility for ensuring
         a range of issues in coming to a decision   that all workers (employed and self-employed)
         on  a  recommendation  to  the  Minister   and those affected by work activity are protected
         for an  appropriate  rate for the  minimum   from work related injury and ill-health. This is
         wage. Some of the issues are, essentially,   done by enforcing occupational health and
         matters of fact, while others necessitate an   safety law, promoting accident prevention,
         element of assessment and appraisal, and   and providing information and advice across
         considered judgement.               all sectors, including retail, healthcare,
                                             manufacturing, fishing, entertainment, mining,


          8
   7   8   9   10   11   12   13   14   15   16   17