Page 50 - Workplace Relations Guide to Employment Law

employee, for at least 3 years from the Methods of Payment
date any record is made. The records must
be kept by the employer at the premises The Payment of Wages Act 1991 provides
or place where the employee works, or if that every employee has the right to a
the employee works at 2 or more premises readily negotiable mode of wage payment.
or places, the premises or place from The modes of payment prescribed in the Act
which the activities of the employee are include cheque, credit transfer, cash, postal/
principally directed or controlled.
money order and bank draft.

Overtime Statement of Wages

In general employment rights legislation
does not provide for overtime. While The 1991 Act obliges employers to give to each
the Organisation of Working Act 1997 employee with every wage packet a written
regulates rest breaks and maximum weekly statement of gross wages (payslip) itemising
working hours it does not cover overtime each deduction. It is an offence not to do so. If
payment. Employees do not have a statutory wages are paid by credit transfer, the statement
entitlement to overtime pay. of wages should be given to the employee
soon after the credit transfer has taken
Policy in relation to overtime pay may be place. Complaints to the Workplace Relations
decided by the employer and agreed as Commission regarding the non provision of
part of the employee’s terms and conditions payslips/written statements of gross wages
of employment or through collective will be investigated by an inspector.
agreements negotiated between employers
and employee representatives.
Deductions
A number of employment sectors may have
pay and conditions of employment that Employers may not make deductions from
are regulated by means of Employment wages or receive payment from their workers
Regulation Orders (EROs) or Registered unless:
Employment Agreements (REAs), that are
legally binding on employers in the sectors to
which they apply. A small number of individual 4 required by law, such as PAYE or PRSI;
firms may also have binding REAs. Some of 4 provided for in the contract of
the EROs/REAs may regulate overtime pay. employment, for example, certain
occupational pension contributions;
The Terms of Employment (Information) or to make good such shortcomings
Act 1994 to 2014 provide that an employer as bad workmanship, breakages or
is obliged to provide an employee with a till shortages; or for the provisions of
written statement of terms of employment goods and services necessary for the
within 2 months of the commencement job such as the provision or cleaning of
of employment. The written statement of uniforms;
terms must include information on any
terms or conditions relating to hours of work 4 made with the written consent of the
including overtime, as well as information on employee, for example a private health
the rate of pay of the employee or how the insurance payment or trade union
pay is calculated. subscriptions.

46