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Payment of Wages and the Employment Contract

Find out more about your rights under the Acts below;

The Payment of Wages Act 1990

Terms of Employment (Information) Act

Organisation of Working Time Act 1997

The Payment of Wages Act for the first time set out rights for employees in relation to the payment of their wages and all employers must comply with the details in this Act.

It is important that employees know that they are entitled to a written statement of wages to accompany their payment of wages. This payslip should clearly specify the gross wages payable to you, the employee, and the nature and amount of any deductions.

Employees should be conscious that this Act allows employers to make the following deductions (or receive the following payments) from the wages of an employee:

  1. Any deduction required or authorised by law e.g. PAYE or PRSI
  2. Any deduction or payment required or authorised by a term of the employee’s contract e.g. someoccupational pension schemes
  3. Any deduction agreed to in writing in advance by the employee e.g. VHI

Employees may complain to the Rights Commissioner if it appears that the employer has made an unlawful deduction.
To find out more about your rights call us on 1890 88 90 90 or if you feel you may have a claim or you are involved in an employment dispute click here.
Organisation of Working Time Act 1997

The Organisation of Working Time Act sets out statutory rights for employees in respect of rest, maximum working hours and holidays and all employers must comply with this Act. All employees are generally covered by this Act and are entitled to the following rest and maximum working time entitlements.

The maximum working week for an employee is 48 hours. The working week hours should be calculated over a four month period. There are however exceptions to this average period such as employees whose work is subject to seasonality.

This Act states that every employee has a general entitlement to the following rest periods:

  1. An employee is entitled to a rest period of not less than 11 consecutive hours in each period of 24 hours
  2. One period of 24 hours rest per week followed by a daily rest period of 11 hours
  3. Rest breaks per day – 15 minutes break for a period of 4 ½ hours
  4. 30 minutes break for a period of 6 hours

The payment of breaks is not a statutory entitlement and is totally up to the employer if employees are to receive payment for rest breaks. Please refer to your employment contract for information on your companies rest break policy.

Holiday pay is earned against time worked. All employees including full time, part time, temporary or casual earn holiday entitlements from the time work has commenced.

Employees are entitled to:

  1. 4 working weeks in a leave year in which the employee works at least 1,365 hours
  2. One-third of a working week for each month in the leave year in which the employee works at least 117 hours
  3. 8% of the hours the employee has worked in the year

Employees should note that this act also provides for the following nine public holidays:

  1. Christmas Day
  2. St. Stephen’s Day
  3. St. Patrick’s Day
  4. Easter Monday
  5. 1st Monday in May
  6. 1st Monday in June
  7. 1st Monday in August
  8. Last Monday in October
  9. 1st January

An employee shall in respect of these public holidays be entitled to one of the following:

  1. A paid day off on that day
  2. A paid day off within a month of that day
  3. An additional day of annual leave
  4. An additional day’s pay

Employees must note that if the public holiday falls on a day which you normally work, then you are entitled to a paid day off for that day.

However, if the public holiday falls on a day which you do not normally work, you are only entitled to one fifth of your normal weekly wage for that day. Part time employees only qualify for the public holiday entitlement provided that they have worked at least 40 hours during the five weeks ending on the day before the public holiday.

Employees should know that if they work on a Sunday they are entitled to a Sunday premium. This premium can be in the form of:

  1. Added payment
  2. Time off in lieu
  3. A proportion of shift premium
  4. Unsocial hours premium

To find out more about your rights call us on 1890 88 90 90 for a free no obligation consultation or if you feel you may have a claim or you are involved in an employment dispute click here.