Mary Lou McDonald (Dublin Central, Sinn Fein)
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356. To ask the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to contracts in the hospitality sector in which an employee has to pay for a bill when a customer leaves without paying for it; the actions she has taken to prevent such contracts; and if she will make a statement on the matter. [12558/17]

Pat Breen (Clare, Fine Gael)
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The Payment of Wages Act 1991 regulates how wages and salaries are paid and what deductions may be made from same. Under this Act, employers must provide a payslip showing gross pay and the relevant deductions.  An employer is not permitted to make deductions from an employee's wages unless the deduction is authorised under the contract of employment, required by statute or is made with the prior written consent of the employee.

Special restrictions are placed on employers in relation to deductions from wages that arise from any act or omission of the employee. For example such deductions, in addition to being authorized by a term in the employee's contract, must be fair and reasonable having regard to all the circumstances including the amount of the wages of the employee. Further, the employee must be given particulars in writing of the act or omission and the amount of the deduction at least one week before the deduction is made. 

If an employee believes that his/her employer has made an unlawful deduction from his/her pay, then s(he) may refer a complaint to the Workplace Relations Commission, where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate certain breaches. Where an inspector finds a breach of the Payment of Wages Act 1991, s(he) may issue a compliance notice to the employer.

Complaints can be made on a single complaint form  at the WRC's website www.workplacerelations.ie. The WRC's Customer Service Section, which provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations, can be contacted at Lo-call: 1890 80 80 90 or 059-9178990.