Wages

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Wages - National Minimum Wage

Description

The minimum national wage for employees. Other Sectoral Minimum Wages determined from the economic activity of the enterprise as stipulated in the applicable WRO may apply.

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Answer

What is the minimum wage for the current year?

For 2021, the national minimum wage related to a normal working week is:

Age 18 years and over………………€181.08

Age 17 years………………………...€174.30

Age 16 years………………………...€171.46

There are other different minimum wages that are applicable to different jobs within specific industrial sectors.

Wages - Bonus and Weekly Allowance 

Description

Bonus and Weekly Allowance paid by the employer to every employee.

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Answer

Is an employee entitled to any bonuses and what is the payable amount?

The full statutory bonus and weekly allowance payable every six months is as follows:

End of June.....................................................€135.10 (Bonus)

From the 15th till the 23rd December............€135.10 (Bonus)

End of March..................................€121.16 (Weekly Allowance)

End of September...........................€121.16 (Weekly Allowance)

Wages - Cost of Living Increase (COLA)

Description

The cost of living increase is obligatory. A full-time employee is entitled to the full increase, while a part-time employee is entitled to part of the cost of living increase in proportion to the hours worked.

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Answers

Is every worker entitled to the cost of living increase?

Yes, the cost of living increase is obligatory. A full-time employee is entitled to the full increase, while a part-time employee is entitled to part of the cost of living increase in proportion to the hours worked. Workers with collective agreements might have wage increases that are in addition to or inclusive of COLA. If they are inclusive of COLA, then this would mean that employees would only get the stipulated increase and not the COLA, provided that such an increase is at least equal to the amount of COLA.

Payments of Wages

Description

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Answers

When should wages be paid?

Wages should be paid at regular intervals not exceeding 4 weeks in arrears. Different periods of pay can be agreed in a collective agreement. If the employer fails to pay the employee wages due, a complaint can be lodged by the employee, at the Department of Industrial and Employment Relations.

Wages - Commission Based Remunaration

Description

Wages that include a commission, as part of remuneration

Question	*Answer*
Can an employee be paid by commission only?	The wage payable to the employee can consist of a commission so long as the minimum weekly wage is guaranteed and such minimum wage is paid at regular intervals not exceeding four weeks in arrears.

Wages - Overtime

Description

Payment of Overtime for Employees covered by a Wage Regulation Order or otherwise.

Questions	*Answers*
Can an employer offer the employee a wage that is higher than the minimum wage provided by law to compensate for overtime hours worked?	A contract of employment may, apart from specifying the basic wage, also contain a clause for an allowance to be paid in respect of a number of hours worked in excess of the normal working week. Such overtime may exceed 8 hours in a particular week provided that on average the 48 hour maximum is not exceeded.
Are overtime rates regulated by law?	Most sectors have their minimum overtime rates regulated by the respective Wage Regulation Order that regulates their activity of work. Where the overtime rates for the particular category of employees is not regulated by a Wage Regulation Order, the applicable overtime rate is that of time and a half per hour worked in excess of a 40 hour week, averaged over a 4 week period or over a shift cycle at the discretion of the employer.
Is overtime work obligatory?	The employer can oblige an employee to work overtime (1) when the total hours of work do not exceed an average of 48 hours a week, and (2) when an employee has consented in writing to work over such an average. Such consent can be withdrawn by the employee provided that a written notice of at least 7 days or such longer period not exceeding 3 months as may be agreed between the parties, is given to the employer.
What obligations concerning overtime arise in cases of birth and adoption of a child?	Employees are not obliged to work overtime: A) During pregnancy. B) For a period of 12 months from either the birth of his or her child or from the effective date of the adoption of a child.

Wages - Shift Allowance

Description

Shift-Work Allowance

Question	*Answer*
Is a shift worker entitled to any shift allowance?	There is an entitlement to shift allowance in certain Wage Regulation Orders. One should check the respective W.R.O about any such entitlements. Ad hoc arrangements may also be applicable in enterprises governed by a collective agreement, or if there are specific clauses in a contract of employment making reference to such an allowance.

Wages - Deductions

Description

Deduction from Wages.

Questions	*Answers*
Can an employer make deductions from an employee’s wage (other than any tax or social security contributions)?	An employer is not allowed to make deductions from the employee’s wage except where permitted by law or by an order of a competent court. Deductions from wages can be made if provided for by the collective agreement or the prior permission to inflict fines has been obtained from the DIER.
If the employer does not allow a full-time employee to work the full weekly hours, can the employer deduct those hours from the employee’s wage?	No, the employee has the right to be paid his /her full weekly wage as agreed in the contract of employment.
If an employee fails to work the total number of hours in a week as agreed in the contract of service, can the employer deduct those hours from his/her wage?	The employer may deduct from the total wage due to the employee only that part which corresponds to the hours lost.
Can the employer impose any fines that may be deducted from an employee’s wages?	Yes, if it is agreed in a collective agreement or specified in a contract of employment or written statement and authorised by the Director of Industrial and Employment Relations, the employer can impose fines on his/her employees. Fines also include suspension without pay or with reduced pay.

Wages - Equal Rates of Pay

Description

Employees who perform the same work are entitled to the same rate of pay.

*Questions*	*Answers*
If employees are performing the same work, are they entitled to the same rate of pay?	Where the same duties are performed, employees are entitled to the same rate of pay. Different rates of pay can only apply if this is based on different lengths of service which are reflected under different salary scales, annual increments or other conditions of employment, provided that such salary scales have a maximum that is achieved within a specified period of time.
What is the hourly rate payable to employees of private contractors while providing services to Public Entities and Government Departments?	The applicable hourly rate payable to such employees is, in principle, the hourly rate payable to Government employees performing similar duties.
What conditions, other than the hourly rates payable, should be observed by the employer in respect of employees of private contractors while providing services to Public Entities and Government Departments?	Such conditions include: a) The employee is given a written contract of employment, b) A detailed payslip is issued to the employee, c) Wages shall be deposited by direct payment in the employee’s bank account, d) No subcontracting shall take place to contractors employing the same employees of the principal contractor.