Catherine Murphy (Kildare North, Social Democrats)
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161. To ask the Minister for Enterprise, Trade and Employment if he will clarify whether travel expenses are provided for in the Payment Of Wages Act 1991. [40162/24]

Emer Higgins (Dublin Mid West, 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. Under the Payment of Wages Act 1991, an employer is allowed to make the following deductions from an employee’s wage:

• Any deduction required or authorised by law (for example, PAYE or PRSI)
• Any deduction authorised by the term of an employee's contract (for example, pension contributions or particular till shortages)
• Any deduction agreed to in writing in advance by the employee (for example, a health insurance subscription or sports and social club membership)

• arise from any act or omission of the employee, or
• are in respect of the supply to the employee by the employer of goods or services which are necessary to the employment.

• the deduction (or payment to the employer) must be provided for in the contract of employment in a term whether express or implied and, if express, whether oral or in writing
• the amount of the deduction (or payment to the employer) from wages must be fair and reasonable having regard to all the circumstances including the amount of the wages of the employee,
• the employee must be given at some time prior to the act or omission, or the provision of the goods or services, written details of the terms in the contract of employment governing the deduction (or payment to the employer) from wages. When a written contract exists, a copy of the term of the contract which provides for the deduction or payment must be given to the employee. In any other case, the employee must be given written notice of the existence and effect of the term.
• the employee must be given particulars in writing of the act or omission and the amount of the deduction (or payment) at least one week before the deduction (or payment) is made,
• the deduction (or payment) must be made no later than 6 months after the act or omission became known to the employer. However, if a series of deductions (or payments) are to be made in respect of a particular act or omission, the first deduction (or payment) in the series must be made within the 6 month period.