The Payment of Wages Act 1991 protects workers regarding how they are paid, what deductions can be made, and what to do if there are issues with wages. Here’s a simplified breakdown:
1. How Wages Are Paid
- Employers must pay wages in one of the following ways:
- By cash,
- Through a bank transfer, or
- Via cheque or postal order.
- Employees must be informed in advance how they will be paid.
2. Wage Slip
- Each time employees are paid, they must receive a payslip showing a clear breakdown of their wages, including:
- The total amount earned.
- Details of any deductions (like tax, social insurance, or pension contributions).
3. Permitted Deductions
- Employers can only make deductions from wages if:
- It’s required by law (e.g., taxes, social insurance contributions).
- The employee agrees to it in writing (e.g., a pension scheme or union fees).
- It’s for something the employee has received (e.g., meals, accommodation).
- The employee caused damage or loss to the employer (e.g., breaking equipment or missing money from a till), but only after the employee has been informed in writing.
- It’s for overpayment of wages, but the employee must be informed before the deduction is made.
- Deductions cannot reduce the employee’s pay below the national minimum wage (unless required by law).
4. Unauthorised Deductions
- If an employer makes a deduction that is not allowed or without the employee’s consent, this is called an unauthorised deduction.
- Employees can file a complaint about unauthorised deductions with the Workplace Relations Commission.
5. Complaints Process
- If an employee believes there has been a wrong deduction or a non-payment of wages, they can bring the issue to the Workplace Relations Commission.
- If the Commission finds the employer was in the wrong, the employee can be awarded the missing wages and possibly extra compensation.
6. Who is Covered by the Act?
- The Act applies to all employees, whether full-time, part-time, or temporary, with the exception of certain categories like members of the Defence Forces or Gardaí.
In Summary:
The Payment of Wages Act ensures that:
- Employees receive their wages clearly and on time.
- Only agreed or legal deductions can be made.
- Employees have a way to challenge any wrong or unfair deductions from their wages.