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Repetition Article 1(1) of the Convention. Differentiated minimum wage rates based on age. The Committee notes the explanation provided by the Government concerning the sub-minimum hourly rate of pay for employees under 18 years of age, as provided for under sections 14 and 15 of the National Minimum Wage Act, 2000 (hereinafter “the Act”). According to the Government, these provisions are based on recommendations of the National Minimum Wage Commission, also endorsed by the Inter-Departmental Group on the Implementation of a National Minimum Wage, made with a view to preventing students from leaving full-time education. The Committee also notes the Government’s indication that the reason for the subminimum rate applicable to workers over the age of 18 during the first two years of employment is the lack of experience of persons entering the workforce for the first time. The Committee considers that in matters of wage policy, the principle of equal pay for work of equal value should be of primary importance. It would therefore be grateful if the Government would clarify whether it intends to review the policy of lower minimum pay rates on account of age or professional experience in light of the results obtained so far. In this connection, the Committee notes also that section 15(2) of the Act provides that any period of employment during which the worker had not attained the age of 18 would be ignored in calculating a period of employment for the purpose of section 15(1). Recalling once again that the calculation of the wage should be based on objective criteria such as the quantity and quality of the work carried out, the Committee would appreciate receiving explanations as to what is the rationale for completely ignoring part of the worker’s past experience.Article 3(2)(2). Consultations of social partners. The Committee notes the Government’s indications concerning the process of consultations leading to a labour court recommendation for the increase of the national minimum wage in case there is no national economic agreement to this effect between the social partners (the Irish Congress of Trade Unions (ICTU) and the Irish Business and Employers’ Confederation (IBEC)). It also notes the latest developments concerning the new social partnership agreement “Towards 2016” which provides for the readjustment of the statutory minimum pay as from 1 January 2007 based on a joint recommendation of the ICTU and the IBEC.Article 3(2)(3). Binding nature of minimum wage rates. The Committee notes that, according to the information provided by the Government, no exemptions by virtue of section 41 of the Act have so far been requested or granted. The Committee would be interested, however, in receiving the Government’s explanations as to how the temporary exemption possibility referred to in section 41 of the Act may be taken to be in conformity with the principle set out in this Article of the Convention, according to which minimum wage rates once fixed have the force of law and may not be subject to abatement.Article 4(1). System of supervision. The Committee notes that according to the information provided by the Government, no provision is made in the minimum wage legislation for the posting of notices, but workers are informed of the minimum pay rates in force through extensive information campaigns including media advertisements and the distribution of leaflets and booklets.Article 5 and Part V of the report form. Practical application. The Committee notes the information supplied by the Government on the evolution in the last five years of the minimum wage, labour inspections results, the distribution of workers paid at the minimum wage rate in different sectors, and the Employment Regulation Orders (EROs) issued on the basis of proposals of the Joint Labour Committees (JLCs). It encourages the Government to continue to supply up to date information on the practical application of the Convention.
The Committee takes due note of the detailed information contained in the Government’s report.
Article 1, paragraph 1, of the Convention. The Committee notes the explanation provided by the Government concerning the sub-minimum hourly rate of pay for employees under 18 years of age, as provided for under sections 14 and 15 of the National Minimum Wage Act, 2000 (hereinafter “the Act”). According to the Government, these provisions are based on recommendations of the National Minimum Wage Commission, also endorsed by the Inter-Departmental Group on the Implementation of a National Minimum Wage, made with a view to preventing students from leaving full-time education. The Committee also notes the Government’s indication that the reason for the subminimum rate applicable to workers over the age of 18 during the first two years of employment is the lack of experience of persons entering the workforce for the first time. The Committee considers that in matters of wage policy, the principle of equal pay for work of equal value should be of primary importance. It would therefore be grateful if the Government would clarify whether it intends to review the policy of lower minimum pay rates on account of age or professional experience in light of the results obtained so far. In this connection, the Committee notes also that section 15(2) of the Act provides that any period of employment during which the worker had not attained the age of 18 would be ignored in calculating a period of employment for the purpose of section 15(1). Recalling once again that the calculation of the wage should be based on objective criteria such as the quantity and quality of the work carried out, the Committee would appreciate receiving explanations as to what is the rationale for completely ignoring part of the worker’s past experience.
Article 3, paragraph 2(2). The Committee notes the Government’s indications concerning the process of consultations leading to a labour court recommendation for the increase of the national minimum wage in case there is no national economic agreement to this effect between the social partners (the Irish Congress of Trade Unions (ICTU) and the Irish Business and Employers’ Confederation (IBEC)). It also notes the latest developments concerning the new social partnership agreement “Towards 2016” which provides for the readjustment of the statutory minimum pay as from 1 January 2007 based on a joint recommendation of the ICTU and the IBEC.
Article 3, paragraph 2(3). The Committee notes that, according to the information provided by the Government, no exemptions by virtue of section 41 of the Act have so far been requested or granted. The Committee would be interested, however, in receiving the Government’s explanations as to how the temporary exemption possibility referred to in section 41 of the Act may be taken to be in conformity with the principle set out in this Article of the Convention, according to which minimum wage rates once fixed have the force of law and may not be subject to abatement.
Article 4, paragraph 1. The Committee notes that according to the information provided by the Government, no provision is made in the minimum wage legislation for the posting of notices, but workers are informed of the minimum pay rates in force through extensive information campaigns including media advertisements and the distribution of leaflets and booklets.
Article 5 and Part V of the report form. The Committee notes the information supplied by the Government on the evolution in the last five years of the minimum wage, labour inspections results, the distribution of workers paid at the minimum wage rate in different sectors, and the Employment Regulation Orders (EROs) issued on the basis of proposals of the Joint Labour Committees (JLCs). It encourages the Government to continue to supply up to date information on the practical application of the Convention.
The Committee notes with interest the Government’s report together with its annexes and in particular the information concerning the adoption of the National Minimum Wage Act, 2000. It wishes to draw attention to the following points.
Article 1, paragraph 1, of the Convention. The Committee notes that, under sections 14 and 15 of the new legislation, sub-minimum hourly rates of pay are provided for employees under the age of 18 (not less than 70 per cent of the national minimum hourly rate of pay) and older employees in their first two years after the date of first employment (not less than 80 per cent of the national minimum hourly rate of pay for the employees in their first year and 90 per cent for those in their second year). In this connection, the Committee recalls paragraph 176 of its General Survey of 1992 on minimum wages in which it stated that the reasons that prompted the adoption of lower minimum wage rates for groups of workers on account of their age or for other reasons should be regularly re-examined in the light of the principle of equal remuneration for work of equal value and also that the quantity and quality of work carried out should be the decisive factor in determining the wage paid. The Committee would therefore appreciate receiving additional information on this point, including for instance any recent studies and surveys addressing these issues and examining the advisability of continuing to pursue a policy of minimum wage differentials on account of workers’ characteristics such as age.
Article 3, paragraph 2(2). The Committee takes due note of the method of declaring and reviewing the national minimum hourly rate of pay, as laid down in sections 11 to 13 of the National Minimum Wage Act, 2000. It notes in particular that employers’ and workers’ organizations do not appear to be associated in this method but only when, in the opinion of the Minister for Enterprise, Trade and Employment, there exists a "national economic agreement", that is to say an agreement among economic and social interests in the country, which includes a recommendation in relation to the national minimum hourly rate of pay of employees. Furthermore, the Committee notes that, in the absence of such an agreement, or when employers’ or workers’ organizations seek the revision of the national minimum hourly rate of pay in force, they may, not earlier than 12 months after the Minister has last declared a national minimum hourly rate of pay, request the Labour Court to examine that rate and make a recommendation to the Minister. The Committee wishes to stress in this regard that, in so far as the participation of the employers and workers concerned in the operation of the minimum wage fixing machinery is concerned, the Convention requires that: (i) the employers’ and workers’ organizations be directly associated in equal numbers and on equal terms in the application of the established wage-fixing machinery; and (ii) preliminary consultation of those organizations be undertaken which signifies that consultation must take place before decisions are taken and must be effective as offering the social partners the opportunity to have some real influence on the decisions made. The Government is therefore requested to clarify the situation, in law and practice, with regard to the principle of full consultation and direct participation of employers’ and workers’ organizations, as set out in this Article of the Convention.
Article 3, paragraph 2(3). The Committee notes that, under section 41 of the National Minimum Wage Act, 2000, the Labour Court may exempt an employer in financial difficulty from the obligation to pay an employee at a rate that is not less than the national minimum hourly rate, and that such exemption may not be for less than three months or exceed one year. The Committee would be grateful if the Government could supply information on the practical application of this provision specifying the number of applications received and exemptions granted, if any, by the Labour Court since the National Minimum Wage Act entered into force and the approximate number of workers concerned.
Article 4, paragraph 1. The Committee requests the Government to indicate whether the National Minimum Wage Act, 2000 provides for any measures, similar for instance to the posting of notices which is required under section 49(2) of the Industrial Relations Act, 1946, in respect of employment regulation orders, with a view to keeping employees informed of the national minimum hourly rates of pay in force.
Article 5 and Part V of the report form. The Committee notes the statistical information supplied by the Government regarding the number of inspections carried out, violations recorded and the amount of fines imposed in relation to observance or otherwise of minimum wage legislation from April 2000 to July 2002. It also notes the statutory minimum wages set by the most recent employment regulation orders (EROs) which were made by the Labour Court upon the recommendations of joint labour committees (JLCs) for 17 different areas of employment. The Committee requests the Government to continue supplying general information on the manner in which the Convention is applied in practice, indicating in particular: (i) the evolution of the current national minimum hourly rate of pay; (ii) the finalization of proposals for fixing minimum rates of pay in the hotel and catering sectors in the Dublin area; (iii) statistical data on the number and different categories of workers remunerated at the minimum rate of pay; and (iv) the results of enforcement measures (for example inspection visits, infringements observed, sanctions applied etc.).
The Committee notes the information provided in the Government's report.
Article 5 of the Convention and point V of the report form. The Committee notes the information concerning the legal minimum rates of pay. It requests the Government to provide information on any developments in this respect.
The Committee also asks the Government to continue to supply, in accordance with these provisions, general information on the application of the Convention in practice, including: (i) the minimum wage rates in force; (ii) the number and different categories of workers covered by minimum wage provisions; and (iii) the results of inspections carried out (e.g. the number of violations of minimum wage provisions revealed, the penalties imposed, etc.).
The Committee notes the information supplied by the Government in its report concerning, inter alia, new minimum wages rates. It also notes the statistical data sent with the report.
As regards the previous comments made by the Federated Union of Employers (FUE), the Committee notes that the Minister for Labour has held discussions with the FUE and the Irish Congress of Trade Unions on industrial relations reform, and that a Bill which will include certain changes in the operation of the Joint Labour Committee system, is at an advanced stage of preparation. The Committee requests the Government to keep it informed of any developments in this connection.
1. The Committee notes the information supplied by the Government in its report (received in June 1989) concerning the new minimum wage rates and it also notes the statistical data concerning inspection visits and the number of workers to whom these wages apply. The Committee hopes that the Government will continue to supply such information.
2. As regards its previous direct requests, the Committee notes the new comments made by the Federated Union of Employers (FUE), which were transmitted with the Government's report, concerning the need to make changes in the structure and operation of the minimum wage-fixing machinery and the role that should be attributed to the Labour Court in cases where a Joint Labour Committee is unable to approve a draft Employment Regulation Order. The Committee also notes the Government's reply and the comments made on this subject by the Irish Congress of Trade Unions. The Government indicates, in this connection, that the comments made by the above two organisations will be taken into account in a more general reform of the industrial relations system, that the Minister for Labour has undertaken appropriate discussions with the two organisations concerning the proposed reforms and that he hopes to put forward proposals on the reform of the industrial relations system in the near future which also include certain changes in the operation of the system of Joint Labour Committees.
The Committee requests the Government to keep it informed of any development in this respect.