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Dáil Éireann debate -
Wednesday, 7 Feb 2001

Vol. 530 No. 1

Written Answers. - National Minimum Wage.

Liz McManus

Question:

101 Ms McManus asked the Tánaiste and Minister for Enterprise, Trade and Employment if family support workers are paid less than the legal minimum wage; if so, the action she will take to ensure that they receive the legal minimum wage; and if she will make a statement on the matter. [3291/01]

The National Minimum Wage Act, 2000, became law on 1 April 2000. The Act applies to all employees except the following categories of employees who are excluded from its provisions: (i) close relative of the employer such as a spouse, father, mother, son, daughter, brother and sister; and (ii)apprentices within the meaning of the Industrial Training Act, 1967, and Labour Services Act, 1987 (other apprentices are covered).

Under the Act, an employee means a person of any age who has entered into, or works or has worked under, a contract of employment. A contract of employment means a contract of service or apprenticeship or any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person or a third person (whether or not the third person is a party to the contract).

My Department has not received a complaint to date that family care workers are not receiving the national minimum wage. If a dispute exists as to the application of the Act, the matter may be referred for investigation to a rights commissioner or to the labour inspectorate section of my Department in accordance with the procedures outlined in the Act.

An explanatory booklet on the Act and indeed clarification on any matter contained therein may be obtained by contacting the employment rights information unit of my Department at (01) 631 3131 or on Lo-call 1890.

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