John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context

Question 236: To ask the Minister for Jobs, Enterprise and Innovation the action he will take to clarify or add to SI 99 National Minimum Wage Act 2000, relative to the need to include hairdressing apprentices; if the existing course or apprenticeship period which has grown by custom and practice will be recognised by NERA until amending legislation is put in place; if pending cases against employers will be suspended until the matter is sorted; and if he will make a statement on the matter. [15750/12]

Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context

The National Minimum Wage Act, 2000 (Prescribed Courses of Study or Training) Regulations, 2000 (S. I. No. 99 of 2000) set out the criteria to which a course of study/training must comply in order for an employer to apply the sub-minimum rates as required under Section 16 of the National Minimum Wage Act, 2000.

The Statutory Instrument provides that structured training must be split into three equal parts of not less than one month and not more than twelve months each. The employee's participation on such a course must be directed or approved by the employer and any fees concerned must be paid by the employer. A prescribed course must also contain the following essential elements:

· the acquisition of skills and or knowledge to enhance the work performance of the employee on the completion of the course;

· involve directed study or training;

· involve workplace training;

· involve supervision during workplace training;

· include a system of recording progress;

· involve an assessment or certification procedure of the employee's completion of the course which shall include the level of attainment of the employee against the objectives of the course.

The provision for trainee rates under Section 16 of the National Minimum Wage Act, 2000, recognises that an employee undergoing training should not be paid the same minimum wage as an experienced employee. It is also a requirement of the Act that for an employer to apply the sub-minimum rates, the training or study should lead to certification. The Regulations made under the Act have been designed to ensure that employers can only benefit from the training rate where a genuine and structured training course has been put in place. This serves to exclude mere short-term induction type training or spurious training which does not have the characteristics prescribed in the Regulations.

With regard to the recognition of training practices in the hairdressing industry, I understand that the Irish Hairdressers Federation is currently undergoing Provider Registration with the FETAC/QQAAI system. One of the objectives of this process is that the Federation will be able to deliver relevant hairdressing qualifications to apprentices as part of the National Framework of Qualifications. The Federation aims to be in a position to define the depth, breadth and type of learning required for apprenticeships on a national basis if so required, and to ensure that the overall process is defined by learning outcomes and credits as opposed to the current "time served" protocols. I understand that the proposed training accreditation process will extend to all stakeholders within the hairdressing industry.

Finally, in circumstances where NERA inspectors find that the criteria specified in the National Minimum Wage Act, 2000 (Prescribed Courses of Study or Training) Regulations, 2000 (S. I. No. 99 of 2000) are not being met, NERA has no option but to ensure that the full adult rate is paid to experienced adult workers (workers with two years experience over the age of 18).