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Legislative Measures

Dáil Éireann Debate, Tuesday - 7 December 2021

Tuesday, 7 December 2021

Ceisteanna (135)

Louise O'Reilly

Ceist:

135. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment if the provisions of the payment of wages (amendment) (tips and gratuities) Bill will come into force through the primary legislation itself or through secondary legislation; and if he will make a statement on the matter. [60295/21]

Amharc ar fhreagra

Freagraí scríofa

On 27th October the Tánaiste received Government approval to draft a Bill that will prohibit the use of tips and gratuities to ‘make up’ contractual rates of pay and will require employers to clearly display their policy on how tips, gratuities and service charges are distributed. This will ensure that tips and gratuities are additional to a worker’s wage and are not subsumed by employers into the wage.

I can advise the Deputy that the new provisions are being brought in by primary legislation as they involve amendments to existing legislation as well as some new provisions. The General Scheme of the Payment of Wages (Amendment) (Tips and Gratuities) Bill was published on my Department’s website on 12th November last. The General Scheme can be found at:

enterprise.gov.ie/en/Legislation/General-Scheme-of-the-Payment-of-Wages-Amendment-Tips-and-Gratuities-Bill.html

Department officials are currently finalising the draft Heads of Bill in conjunction with the Office of Parliamentary Counsel. The Tánaiste will then seek Cabinet approval to publish the Bill early in the New Year.

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