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  1. National Minimum Wage Act, 2000 (No. 5)
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 31 March 2000

National Minimum Wage Act, 2000 (No. 5)

Consolidation Status: Updated to reflect all known changes
Comparing proposed amendment...
Introductory Text
Acts Referred to
Part I Preliminary (ss. 1-7)
In force
 1. Short title and commencement.
In force
 2. Interpretation.
In force
 3. Regulations.
In force
 4. Laying of orders and regulations before Houses of Oireachtas.
In force
 5. Non-application of Act.
In force
 6. Expenses of Minister.
In force
 7. Provisions in agreement or legislation to pay less than national minimum hourly rate of pay are void.
Part 2 Working Hours and Pay Reference Period (ss. 8-10)
In force
 8. Working hours of employee for pay reference period.
In force
 9. Certain employees to provide record of working hours to employer.
In force
 10. Pay reference period.
Part 3 National Minimum Hourly Rate of Pay (ss. 10A.-21)
In force
 10A. Establishment of Low Pay Commission.
In force
 10B. Duty of Commission.
In force
 10C. Functions of Commission.
In force
 10D. National minimum hourly rate of pay.
In force
 10E. Funding and resources.
Declaration and Review of National Minimum Hourly Rate of Pay (ss. 11-13)
Repealed
 11. National minimum hourly rate of pay.
Repealed
 12. National economic agreement recommending national minimum hourly rate of pay.
Repealed
 13. Labour Court may recommend national minimum hourly rate of pay where no national economic agreement.
Entitlement of Employee to Payment and Sub-minimum Rates (ss. 14-17)
In force
 14. Entitlement to minimum hourly rate of pay.
In force
 15. Prescription of percentages of hourly rates of pay.
Repealed
 16. Trainee rates.
In force
 17. Pro-rata entitlement to minimum hourly rate of pay for less than full hour.
Calculation of Minimum Hourly Rate of Pay (ss. 18-21)
In force
 18. Calculations for purpose of this Part.
In force
 19. Reckonable and non-reckonable pay components in calculating average hourly rate of pay.
In force
 20. Method of calculating employee's average hourly rate of pay.
In force
 21. Payment of amount owed to employee on termination of employment.
Part 4 Records and Statement of Average Hourly Earnings (ss. 22-23)
In force
 22. Records.
In force
 23. Employee entitled to statement of average hourly rate of pay for pay reference period.
Part 5 Disputes about Entitlement and Enforcement (ss. 24-40)
Hearing of Disputes (ss. 24-26)
In force
 24. Disputes about entitlement to minimum hourly rate of pay.
In force
 25. Prohibition of reduction in hours of work of an employee without a concomitant reduction in duties or amount of work.
In force
 26. Decision of adjudication officer under section 41 of Workplace Relations Act 2015.
Appeals (ss. 27-30)
Repealed
 27. Appeal against rights commissioner's decision.
Repealed
 28. Power of Labour Court in relation to evidence.
In force
 29. Decision of Labour Court on appeal from decision referred to in section 26.
Repealed
 30. Referral or appeal to High Court on question of law.
Enforcement (ss. 31-32)
Repealed
 31. Referral of decision of rights commissioner to Labour Court for determination.
Repealed
 32. Enforcement of determination of Labour Court.
Inspectors and Inspections (ss. 33-34)
Repealed
 33. Inspectors and their powers.
In force
 34. Investigation of allegation or matter by inspector.
Offences and Enforcement (ss. 35-40)
In force
 35. Offence to refuse or fail to pay minimum hourly rate of pay.
In force
 36. Prohibition of victimisation of employee by employer.
In force
 37. Penalties and proceedings.
In force
 38. Defence for employer in proceedings
In force
 39. Civil proceedings.
In force
 40. Employee's entitlements not affected by conditions of contract of employment contravening certain Acts.
Part 6 Miscellaneous (ss. 41-50)
In force
 41. Employer in financial difficulty.
In force
 42. Act not to derogate from certain provisions of or under Industrial Relations Acts, 1946 to 1990.
In force
 43. Repercussive claims.
In force
 44. Amendment of section 3 of Terms of Employment (Information) Act, 1994.
In force
 45. Amendment of section 39 of Organisation of Working Time Act, 1997.
In force
 46. Change of ownership of business.
In force
 47. Extension of Protection of Employees (Employers' Insolvency) Act, 1984.
In force
 48. Service of documents.
In force
 49. Provisions relating to winding-up and bankruptcy.
In force
 50. Recovery of money due to employee.
Schedule 1 Reckonable and Non-Reckonable Pay Components in Calculating Average Hourly Rate of Pay
In force
 Schedule 1, Part 1 Reckonable components
In force
 Schedule 1, Part 2 Non-reckonable components
In force
 Schedule 2 Low Pay Commission
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