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National Minimum Wage Act, 2000 (No. 5)Introductory TextActs Referred toPart I Preliminary (ss. 1-7)1. Short title and commencement.2. Interpretation.3. Regulations.4. Laying of orders and regulations before Houses of Oireachtas.5. Non-application of Act.6. Expenses of Minister.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)8. Working hours of employee for pay reference period.9. Certain employees to provide record of working hours to employer.10. Pay reference period.Part 3 National Minimum Hourly Rate of Pay (ss. 10A.-21)10A. Establishment of Low Pay Commission.10B. Duty of Commission.10C. Functions of Commission.10CA. For the purposes of Article 5(6) of the Directive10D. National minimum hourly rate of pay.10E. Funding and resources.Declaration and Review of National Minimum Hourly Rate of Pay (ss. 11-13)11. National minimum hourly rate of pay.12. National economic agreement recommending national minimum hourly rate of pay.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)14. Entitlement to minimum hourly rate of pay.15. Prescription of percentages of hourly rates of pay.16. Trainee rates.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)18. Calculations for purpose of this Part.19. Reckonable and non-reckonable pay components in calculating average hourly rate of pay.20. Method of calculating employee's average hourly rate of pay.21. Payment of amount owed to employee on termination of employment.Part 4 Records and Statement of Average Hourly Earnings (ss. 22-23)22. Records.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)24. Disputes about entitlement to minimum hourly rate of pay.25. Prohibition of reduction in hours of work of an employee without a concomitant reduction in duties or amount of work.26. Decision of adjudication officer under section 41 of Workplace Relations Act 2015.Appeals (ss. 27-30)27. Appeal against rights commissioner's decision.28. Power of Labour Court in relation to evidence.29. Decision of Labour Court on appeal from decision referred to in section 26.30. Referral or appeal to High Court on question of law.Enforcement (ss. 31-32)31. Referral of decision of rights commissioner to Labour Court for determination.32. Enforcement of determination of Labour Court.Inspectors and Inspections (ss. 33-34)33. Inspectors and their powers.34. Investigation of allegation or matter by inspector.Offences and Enforcement (ss. 35-40)35. Offence to refuse or fail to pay minimum hourly rate of pay.36. Prohibition of victimisation of employee by employer.37. Penalties and proceedings.38. Defence for employer in proceedings39. Civil proceedings.40. Employee's entitlements not affected by conditions of contract of employment contravening certain Acts.Part 6 Miscellaneous (ss. 41-50)41. Employer in financial difficulty.42. Act not to derogate from certain provisions of or under Industrial Relations Acts, 1946 to 1990.43. Repercussive claims.44. Amendment of section 3 of Terms of Employment (Information) Act, 1994.45. Amendment of section 39 of Organisation of Working Time Act, 1997.46. Change of ownership of business.47. Extension of Protection of Employees (Employers' Insolvency) Act, 1984.48. Service of documents.49. Provisions relating to winding-up and bankruptcy.50. Recovery of money due to employee.Schedule 1 Reckonable and Non-Reckonable Pay Components in Calculating Average Hourly Rate of PaySchedule 1, Part 1 Reckonable componentsSchedule 1, Part 2 Non-reckonable componentsSchedule 2 Low Pay Commission
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 April 2000 - onwards
Version 2 of 2

20. Method of calculating employee's average hourly rate of pay.

For the purpose of determining under this Act whether an employee is being paid not less than the minimum hourly rate of pay to which he or she is entitled under this Act in a pay reference period, the gross remuneration of the employee calculated in accordance with section 19 shall be divided by the total working hours of the employee in the pay reference period calculated under section 8.

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