Jimmy Deenihan (Kerry North, Fine Gael)
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Question 184: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if a limited company is obliged to pay their staff the minimum wage; if there are exceptions to the rule in cases of persons with a disability who are doing rehabilitative work; and if she will make a statement on the matter. [38883/09]

Dara Calleary (Mayo, Fianna Fail)
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The National Minimum Wage Act applies to persons who have employee status. Under the National Minimum Wage Act, 2000 an employee is defined as a person who works under a contract of employment. A contract of employment (which can be written or implied) means a contract of service or apprenticeship or any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person.

The only employees who are excluded from the provisions of the Act are close relatives of the employer and statutory apprentices within the meaning of the Industrial Training Act, 1967 and the Labour Services Act 1987. The Minimum Wage Act therefore would apply to those who are doing rehabilitative work if they have employee status.