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Change in National Minimum Wage – 2016

Change in National Minimum Wage – 2016

Since 1 January 2016, under SI 442/2015, the national minimum wage for an experienced adult employee has increased to €9.15 per hour from €8.65 per hour.

An experienced adult employee for the purposes of the National Minimum Wage Act is an employee who has an employment of any kind in any 2 years over the age of 18 – see also ‘Rates’ section below.

However, the national minimum wage (NMW) does not stop an employer from offering a higher wage.

Reduced Sub-Minimum Rates

Rates:
The national minimum wage for experienced adult employees and the sub-minimum rates for young people and certain trainees are as follows:

Rates on or after 1 January 2016 – Minimum hourly rate of pay % of minimum wage
Experienced adult worker – €9.15 100%
Aged under 18 – €6.41 70%
First year from date of first employment aged over 18 – €7.32 80%
Second year from date of first employment aged over 18 – €8.24 90%
Employee aged over 18, in structured training during working hours
1st one third period €6.86 75%
2nd one third period €7.32 80%
3rd one third period €8.24 90%

How to Apply:
If you are not receiving the national minimum wage, you may enforce your rights by completing the online complaint form available on workplacerelations.ie. In the online complaint form you have 2 options:

You may either request an inspector from the Workplace Relations Commission (WRC) to investigate a claim that the national minimum wage is not being paid
or
You may refer a dispute to a WRC adjudicator. However this may only be done where you have requested from the employer a statement outlining the calculation of the average hourly pay. You must refer the dispute with 6 months of the supplying of the statement. (The time limit for referral limit may be extended to a maximum of 12 months.)

Where the employer fails to provide the statement the time starts from the date at which the employer should have provided the statement, that is within 4 weeks of the request.

Note: you may not refer a complaint to both an adjudicator and an inspector in relation to the same dispute under the Minimum Wage Act.

If you are alleging victimisation, you should request that the employer restore your employment conditions to their position before the victimisation. Where the employer fails to do this within 2 weeks of the request, you may refer the matter to the WRC adjudicator. This referral must take place within 6 months (which may be extended to a maximum of 12 months) of the alleged victimisation.

For further information on the national minimum wage contact Workplace Relations Commission’s Information and Customer Service – see ‘Where to apply’ below.

Where to Apply:
Workplace Relations Commission
Information and Customer Service
O’Brien Road
Carlow
R93 W7W2
Ireland