Dáil Éireann Debate, Tuesday - 22 June 2004
101 Mr. R. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if the age differential under the minimum wage legislation can permit employers to pay a lower wage even when identical hours and productivity requirements apply to a worker who is under 18; and her views on whether the right of employers to pay a lower wage should only apply when there is an apprenticeship or other such special arrangement approved. [18327/04]
Amharc ar fhreagraSub-minimum rates of the national minimum wage apply where an employee is: under age 18; or in the first two years after the date of first employment over age 18; or undergoing a prescribed course of study or training.
All employees under the age of 18 are entitled to 70% of the national minimum wage. This percentage was recommended by the National Minimum Wage Commission to strike a balance between ensuring that young employees are not exploited and ensuring that the rate of pay does not encourage students to leave full-time education.
The National Minimum Wage Commission recommended that sub-minimum rates should also apply to employees in the first two years of employment over age 18 and to those undergoing structured training. These recommendations were endorsed by the interdepartmental group on implementation of a national minimum wage and implemented in the minimum wage legislation.
Regulations — SI 99 of 2000 — prescribe the criteria that a course of study or training must satisfy before these sub-minimum rates can apply. These include the requirement that the course must include an assessment and certification procedure.
The National Minimum Wage Act does not apply to statutory apprentices within the meaning of or under the Industrial Training Act 1967 or the Labour Services Act 1987.
