Written answers

Tuesday, 21 February 2012

Department of Enterprise, Trade and Innovation

FÁS Training Programmes

9:00 pm

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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Question 315: To ask the Minister for Jobs, Enterprise and Innovation if an employer is required under legislation to pay the prescribed rates of pay by FÁS for an apprentice or can they decide to pay a reduced amount; and if he will make a statement on the matter. [9846/12]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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An apprentice within the meaning of or under the Industrial Training Act 1967 or the Labour Services Act 1987 is paid by the employer during the on-the-job phase of apprenticeship training. Outside of those sectors covered by a Registered Employment Agreement, apprenticeship wage rates are not legally enforceable. The actual rate paid to such apprentices may vary depending on the occupation and employer. Generally, rates are based on the year of apprenticeship training and increase over the course of the apprenticeship.

Pay rates and other terms and conditions of workers, including apprentices, in the Construction, Electrical Contracting and Printing sectors are set out in Registered Employment Agreements that govern those sectors. When registered with the Labour Court, these agreements are legally binding, not only of the parties to the agreement, but also to others who are in the class, type or group to which the agreements are expressed to apply.

Enforcement of the provisions of a Registered Employment Agreement may be effected by direct complaint to the Labour Court. A trade union may complain to the Labour Court that a particular employer is not complying with a Registered Employment Agreement. If, after investigating a complaint, the Court is satisfied that an employer is in breach of a Registered Employment Agreement the Court may by order direct compliance with the agreement. Failure to comply with such an order is an offence punishable by a fine.

Alternatively, REAs can be enforced by Inspectors of the National Employment Rights Authority (NERA). These inspectors have power to enter premises, inspect wage sheets and other records, interview the employers and workers concerned, recover arrears and, if necessary, take legal proceedings against an employer who is in breach of an REA.

Under the Payment of Wages Act, 1991 an employer may not reduce a worker's pay without his or her agreement.

That Act provides that non-payment of wages or any deficiency in the amount of wages properly payable by an employer to an employee is regarded as an unlawful deduction from wages unless the deficiency or non-payment is attributable to an error of computation.

If an employee considers a reduction in their wages to be an improper deduction from wages or non-payment of wages, the employee can refer a complaint to a Rights Commissioner under the Payment of Wages Act.

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