Dáil Éireann Debate, Tuesday - 24 October 2023
223. Deputy Brian Stanley asked the Minister for Enterprise, Trade and Employment how many cases have been taken to the Workplace Relations Commission by employees against employers regarding tips, service charges and other gratuities in 2022 and 2023. [46218/23]
Amharc ar fhreagraThe Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 amends the Payment of Wages Act 1991. Insofar as tips/gratuities are concerned, the provisions came into force on the 1 December 2022. In this regard, employees may refer a complaint to the Workplace Relations Commission (WRC) for adjudication in relation to any unlawful deductions from tips and gratuities; any failure to distribute in a manner that is fair in the circumstances tips or gratuities received by the employer by an electronic mode of payment; any unlawful retention of any share of tips or gratuities received by the employer electronically unless such retention is required by law.
The WRC’s adjudication service has received 503 and 324 specific complaints in 2022 and 2023 respectively under the complaint heading of “Pay”. This category of complaint includes alleged unlawful deductions from wages, and/or tips or gratuities. The WRC does not record if a specific complaint under this category heading, refers to tips, or service charges or other gratuities.
WRC workplace inspections include a compliance check to ensure the employer complies with the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022. The data recorded by the WRC between 1 December 2022 and 30 June 2023 provides early indications that compliance is high with approximate figures indicating more than 90% of employers inspected were in compliance with the requirements of the Act.
During the month of December 2022, the WRC inspectorate conducted over 700 site visits as part of an extensive information campaign, which also involved the WRC Information and Customer Service unit using social media and the WRC website to inform employees of their entitlements under the new provisions of the Act. The WRC has also produced an extensive Information Guide to the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 which is available on its website.
