Bríd Smith (Dublin South Central, People Before Profit Alliance)
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444. To ask the Minister for Jobs, Enterprise and Innovation if the WRC or other body will take action or investigate employers that are implementing unilateral pay cuts often while availing of the temporary wage subsidy scheme but insisting their employers work normal weekly hours, as a result of which is resulting in new hourly rates that are below the national minimum wage or agreed sectoral hourly rates; and if she will make a statement on the matter. [8713/20]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Workplace Relations Commission (WRC) is an independent statutory office under the aegis of my Department. The Commission’s core services include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation and advisory services.

With the exception of the employment of close relatives and registered industrial apprentices, the National Minimum Wage Act 2000 applies to individuals engaged under a contract of employment. Failure to pay the national minimum hourly rate of pay is a criminal offence, punishable upon summary conviction, by a fine not exceeding €2,500 or imprisonment not exceeding 6 months or both.

An individual who considers that they are not being paid in accordance with the National Minimum Wage Act may refer the matter to a WRC inspector for investigation. Inspectors are authorised to inspect records and to ensure compliance by employers with the provisions of the National Minimum Wage Act.

As part of its functions in this area, WRC Inspectors carry out announced and unannounced inspections at employer premises with a view to determining compliance by employers with employment law in the State and to ensure that employees are receiving their statutory entitlements. In the vast majority of such cases, compliance by the employer is achieved without the need for prosecution.