John Lahart (Dublin South West, Fianna Fail)
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141. To ask the Minister for Enterprise, Trade and Employment the timeframe for legislation to give new rights to employees and prohibit the use of tips and gratuities to make up contractual rates of pay; and if he will make a statement on the matter. [60822/21]

Brian Stanley (Laois-Offaly, Sinn Fein)
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143. To ask the Minister for Enterprise, Trade and Employment his plans to introduce legislation to provide hospitality workers with a legal right to their tips, service charges and other gratuities. [60394/21]

Damien English (Meath West, Fine Gael)
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I propose to take Questions Nos. 141 and 143 together.

On 27th October last, Government approved the drafting of a Bill that will prohibit the use of tips and gratuities to ‘make up’ contractual rates of pay and to require employers to clearly display their policy on how tips, gratuities and service charges are distributed. This will ensure that tips and gratuities are additional to a worker’s wage and are not subsumed by employers into the wage.

It is intended to introduce primary legislation in this area which will involve amendments to existing legislation as well as some new provisions. The General Scheme of the Payment of Wages (Amendment) (Tips and Gratuities) Bill was published on my Department’s website on 12th November last.

A key element of the Bill will provide a legal entitlement for workers to receive tips and gratuities paid in electronic form (i.e., by debit or credit card) with a provision that these tips and gratuities should be paid out to workers in a fair, transparent and equitable manner. A fair and equitable distribution will be context specific and is likely to take into account matters such as staff hours, busy and quiet periods, a worker’s role in service delivery etc.

Department officials are currently finalising the draft Heads of Bill in conjunction with the Office of Parliamentary Counsel. The Tánaiste will then seek Cabinet approval to publish the Bill early in the New Year.