The National Minimum Wage Act prescribes the minimum hourly rate of pay for the majority of employees in Ireland, subject to a small number of exemptions.
Pursuant to section 5 of the National Minimum Wage Act, 2000, exemptions from the statutory minimum wage are in place for statutory apprentices, certain close family members and certain activities undertaken by prisoners.
Apprentices:
Apprentices are excluded from the National Minimum Wage Act in recognition of the unique nature of apprenticeships and the fact that a long-established practice for determining rates exists.
Apprenticeships offer a unique combination of education and work experience. When the National Minimum Wage was first introduced it was recognised that providing an exemption for apprentices would promote and encourage employers to focus on training apprentices, and offering opportunities to them, while at the same time recognising the cost to employers in terms of time invested and productivity forgone.
Apprentices are employees and all of the 78 apprenticeship programmes are undertaken under a contract of employment. For the majority of apprenticeships, the rate of pay is agreed between the apprentice and the employer, with the employer paying the apprentice during both on-the-job and off-the-job training elements. For the 25 craft apprenticeship programmes, the minimum rates of pay applying under the employment contract are either agreed within the relevant sector, or are set out in legally binding Sectoral Employment Orders recommended by the Labour Court.
Any evidence submitted as part of the current public consultation on the development of the new Apprenticeship Action Plan will inform the development of evidence-based policy on the exemption of apprentices from the National Minimum Wage.
Close family members:
The National Minimum Wage Act exempts certain close family members of an employer from the entitlement of the National Minimum Wage. The Act states that “the spouse, civil partner, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, step-son, step-daughter, grandson, grand-daughter, brother, sister, half-brother or half-sister of an employer, employed by the employer” is not entitled to the minimum wage.
This is a long-standing exemption, introduced in recognition of the special status afforded to close relatives in other areas of labour legislation. The exemption recognises the nature of family businesses and the special nature of the relationship between close family members which impacts the nature of “labour” in these instances.
Certain activities undertaken by prisoners
The National Minimum Wage Act exempts certain non-commercial activity or work engaged in by prisoners under limited circumstances from the entitlement to the remuneration of the National Minimum Wage.
The rationale for the exclusion of “non-commercial activity or work engaged in by prisoners under the supervision of the governor or person in charge of the prison concerned” is evident from the list of illustrative examples contained within the National Minimum Wage Act, such as:
• “any cleaning or kitchen work or other work relating to the operation of the prison;
• activity of an educational, training or work experience nature which is intended to prepare prisoners for their re-integration into society;”
These are activities that can be clearly distinguished from the activities that would constitute the provision of labour under a contract of employment or in the context of an employment relationship. These activities are not supervised by an “employer”, but rather are assigned by prison authorities, within the prison.
For other activities, prisoners have a right to the minimum wage. Prisoners who work outside the prison in contracts of employment are entitled to the statutory minimum wage.