Written answers

Wednesday, 18 January 2023

Department of Enterprise, Trade and Employment

Employment Rights

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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39. To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the case of an employer (details supplied) who has not paid employees since the October 2022 payroll; if he will intervene to ensure that these workers receive their payment urgently; if he will enact a policy to protect the rights of workers in cases in which wages are delayed by an employer in such circumstances; and if he will make a statement on the matter. [1626/23]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Statutory and contractual employment terms apply in relation to the payment of wages. Failure to pay all or part of the wages due to an employee is considered an unlawful deduction and a complaint can be made under the Payment of Wages Act, 1991.

The Payment of Wages Act 1991 establishes a range of rights for all employees in relation to payment of wages. The Act regulates how wages and salaries are paid and what deductions may be made from same. Under this Act, 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.

If an employee believes that their employer has made an unlawful deduction from their pay, then they may refer a complaint to the Workplace Relations Commission. Complaints should be made using the online complaint form available on workplacerelations.ie. A complaint must be brought within 6 months of the date of the deduction. The time limit may be extended for up to a further 6 months, but only where there is a reasonable cause which prevented the person from bringing the complaint in the normal time limit.

It is unclear from the question whether the company is insolvent or has gone into liquidation or not, however, either way the employees are entitled to pursue a claim for non-payment of wages either from the employer or the Liquidator as the case may be.

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