National Minimum Wage Act, 2000
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Labour Court may recommend national minimum hourly rate of pay where no national economic agreement. |
13.—(1) Any organisation claiming to be substantially representative of employees or employers in the State may apply to the Minister for his or her opinion as to whether a relevant national economic agreement exists for the purpose of section 12 . | |
(2) Where in the opinion of the Minister there is no relevant national economic agreement as referred to in section 12 or, if there is such an agreement, it makes no recommendation in relation to the national minimum hourly rate of pay of employees that should obtain for the duration of the agreement, the Minister shall, in writing, advise the applicant accordingly. | ||
(3) Any organisation which the Labour Court is satisfied is substantially representative of employees or employers in the State may separately or jointly, not earlier than 12 months after the Minister has last declared a national minimum hourly rate of pay of employees under section 11 , request the Labour Court to examine the national minimum hourly rate of pay of employees and make a recommendation to the Minister. | ||
(4) The Labour Court in undertaking an examination as the result of an application under subsection (3), shall consult with such persons, including representatives of employers and employees in the private sector and public sector of the economy, as it thinks appropriate and if it is satisfied that general agreement is reached between the parties as to the appropriate hourly rate of pay of employees, recommend in writing to the Minister that rate accordingly. | ||
(5) If, after the consultations referred to in subsection (4), the Labour Court is satisfied that general agreement between the parties cannot be reached, it may still make a recommendation to the Minister, but in doing so it shall have regard to the following matters: | ||
(a) the movement in earnings of employees since the Minister last declared the national minimum hourly rate of pay under section 11 or amended the order; | ||
(b) relevant exchange rate movement; | ||
(c) the likely impact of any proposed change on— | ||
(i) the level of unemployment and whether it is increasing or decreasing, | ||
(ii) the level of employment and whether it is increasing or decreasing, | ||
(iii) inflation in the economy, and | ||
(iv) national competitiveness. | ||
(6) The procedures of the Labour Court in relation to an application or hearing under this section shall be as determined by the Labour Court. | ||
(7) The Minister shall, within 3 months after receiving a recommendation of the Labour Court under subsection (4) or (5), and after taking into account the matters referred to in section 11 (1), accept or vary the recommendation and declare the national minimum hourly rate of pay under section 11 accordingly, amend the order or reject the recommendation. | ||
(8) If the Minister varies or rejects a recommendation under subsection (7), the Minister shall as soon as practicable make a statement to the Oireachtas giving his or her reasons for the variation or rejection. | ||
Entitlement of Employee to Payment and Sub-minimum Rates |