Page 47 - Workplace Relations Guide to Employment Law

Workplace Relations Commission -
Guide to Employment, Labour and Equality Law

9 Pay/Wages

General The duty to pay wages is a fundamental
aspect of an employer’s obligations. If
Pay rates are normally determined by the the employer fails to do so an employee
contract of employment. Rates of pay where may present a complaint to the Workplace
specified in collective agreements between Relations Commission under the Payment
trade unions and employers may also be of Wages Act 1991 or alternatively sue
incorporated expressly or by implication in the for wages due in the ordinary courts.
individual employee’s contract of employment. If an Employment Regulation Order or
a Registered Employment Agreement
governs an employee’s pay, employers
Minimum Rates of Pay will be guilty of an offence under the
Industrial Relations Acts if they fail to pay
The National Minimum Wage Acts 2000 wages or if they pay less than the statutory
and 2015 provide that employees should prescribed rate. The Workplace Relations
be paid for their working hours at an Commission will, through its Inspection
hourly rate of pay that, on average, is not and Enforcement Services, seek to recover
less than the prescribed minimum hourly unpaid wages in such instances and will
rate of pay. The national minimum hourly initiate legal proceedings if necessary –
rate of pay is prescribed from time to see Section 2.
time by order made by the Minister for
Business, Enterprise and Innovation under
Section 10(D) of the 2000 Act. Details
of the existing rate are available on Who is covered?
www.workplacerelations.ie or by contacting
the Workplace Relations Commission’s The National Minimum Wage Acts
Information and Customer Services at 1890 2000 and 2015 apply to all employees,
80 80 90. including full-time, part-time, temporary
and casual employees except the
Legal minimum rates of pay for particular following categories of employees who
categories of employees may also be laid are excluded from its provisions:
down in Employment Regulation Orders
(EROs), Registered Employment Agreements (i) close relatives of the employer such
(REAs) and Sectoral Employment Orders as a spouse, father, mother, son,
(SEOs). Further details on these are available daughter, brother and sister; or
in Section 2 of this Guide under the heading-
Mechanisms for Setting Terms and Conditions.

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