Paul Murphy (Dublin South West, RISE)
Link to this: Individually | In context | Oireachtas source

71. To ask the Minister for Enterprise, Trade and Employment if he is aware of a company (details supplied) offering rates below the minimum wage; if he will instruct the WRC to investigate whether the company is operating outside of regulations; and if he will make a statement on the matter. [21892/23]

Neale Richmond (Dublin Rathdown, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Workplace Relations Commission (WRC) is an independent, statutory body under the aegis of my Department, established on 1st October 2015 under the Workplace Relations Act 2015. The WRC’s primary functions include the inspection of employment law compliance, the provision of information on employment law, mediation, adjudication, conciliation, facilitation, and advisory services.

The WRC carries out inspections of employer records with a view to determining compliance with certain employment law statutes including the National Minimum Wage Act, 2000. The National Minimum Wage Act provides for the obligation to pay an employee a national minimum hourly rate of pay and applies to all individuals engaged under a contract of employment. Apart from the employment of close family relatives and the engagement of registered industrial apprentices, there is no exemption from the obligation to pay the national minimum hourly rate of pay.

WRC inspections arise for various reasons including complaints received of alleged non-compliance and by way of compliance campaigns which focus on compliance in specific sectors or with specific employment law statutes. The WRC’s aim is to achieve voluntary compliance through the provision of education and awareness, inspection of employers’ employment records and enforcement where necessary. Where evidence of contraventions of the provisions of the National Minimum Wage Act, 2000 are detected by WRC inspectors, and an employer fails, or refuses to rectify the matter the employer is liable to prosecution.

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. In addition, an employee not in receipt of the national minimum hourly rate of pay may refer a complaint to a WRC Adjudication Officer who may order payment of the wages unpaid or underpaid.