Dáil Éireann Debate, Thursday - 30 July 2020
886. Deputy Sorca Clarke asked the Minister for Employment Affairs and Social Protection the remedy available to those that have returned to work post-Covid-19 lay-off to have different terms and conditions enforced on them by their employers, for example, half of hours worked now being given as time off in lieu without agreement. [20855/20]
Amharc ar fhreagraThe Terms of Employment (Information) Act 1994 provides that an employer must provide its employee with a written statement of the particulars of the employee’s terms of employment. It also provides that an employer must notify the employee of any changes in the particulars given in the statement. The Act provides a right of complaint to the Workplace Relations Commission (WRC) where an employer fails to comply with either of the above.
While an employer may renegotiate the terms and conditions of the contract of employment with an employee, it may not reduce any term or condition to a level lower than statutory entitlement. It is best practice that any such renegotiation should be undertaken in consultation with the affected employee, and taking a long-term view of the employment relationship.
Failure to pay all or part of the wages due to an employee may be considered to be an unlawful deduction and a complaint can be made under the Payment of Wages Act 1991.
Complaints in respect of unauthorised deductions from wages should be made to the WRC which provides a helpline service, information and an online complaints form at www.workplacerelations.ie .
The National Minimum Wage Act 2000 applies to most employees. It is the minimum hourly pay rate that must be paid. If an employee’s rate of pay is reduced to a level lower than the statutory minimum provided for in the Act, he/she would also have recourse to make a complaint to the WRC.
I trust this clarifies the matter for the Deputy.
