Oireachtas Joint and Select Committees
Thursday, 10 October 2019
Joint Oireachtas Committee on Social Protection
General Scheme of the Payment of Wages (Amendment) Bill 2019: Discussion
Mr. Richie Browne:
What I have heard this morning is the question as to when a tip is not a tip. It is suggested that a tip is not a tip when it is a service charge, depending on the employer but that leads to confusion, a lack of clarity and is open to interpretation by the employer. This current Bill does not give the clarity required in that respect. If I get into a taxi, I will give the driver a tip, unless he or she is particularly rude or is driving dangerously. In the vast majority of cases, I will give the driver a tip. If I order a pizza or a curry to be delivered to my door, notwithstanding the fact that there is a delivery charge, I will give the delivery driver a tip. There is no issue or problem with that because there is no opportunity for a third party, namely, the employer, to intervene or interfere in that transaction. It only becomes a problem when the employer has an opportunity to interfere and intervene in the transaction and then one cannot be assured that the person for whom the tip is intended will actually receive it. That is the issue and the problem. We need regulation and legislation in respect of that and with all due respect, the Government's Bill does not provide what is needed. Senator Gavan's Bill is much better placed to deal with this issue.
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