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Minimum wage

  • 17-10-2007 6:14pm
    #1
    Registered Users, Registered Users 2 Posts: 17,080 ✭✭✭✭


    A friend of mine has started working for a telesales He is working 20 hours a week and his salary is 100 euro a week + commission. The commission is uncapped. He could potentially earn 200, 300 euro a week etc BUT he could also potentially earn just 100 a week for 20 hours...which is 5 euro an hour, well below minimum wage. Is that even legal ?


Comments

  • Registered Users, Registered Users 2 Posts: 962 ✭✭✭devil-80


    How old is your friend?


  • Registered Users, Registered Users 2 Posts: 2,225 ✭✭✭wba88


    no matter what age he/she is it is still below minimum wage


  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    If there's commission, the minimum wage rules are different.

    From Irishjobs.ie

    Calculation of Hourly Pay (Reckonable Pay)

    Some employees earn more than basic pay. For example, if you do shift work, you may be paid a shift premium.

    Reckonable pay means payments that are allowable in calculating an average hourly rate of pay under this Act.

    The following payment may be taken into account when determining average hourly rate of pay.

    Basic Pay
    Shift Premium
    Piece/Incentive Rates
    Commission
    Productivity related bonuses
    Board and/or lodging
    Service charge paid through payroll
    Overtime, Sunday, Public Holidays and Unsocial Hours premium may not be included.

    The period of time over which you may calculate the average earnings (Pay Reference Period) must not be longer than one month.


  • Registered Users, Registered Users 2 Posts: 962 ✭✭✭devil-80


    Yes it's matter.If his friend is under 18,they should have about 6.06 per hour.
    http://en.wikipedia.org/wiki/Minimum_wage_law#Ireland


  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    devil-80 wrote: »
    Yes it's matter.If his friend is under 18,they should have about 6.06 per hour.
    http://en.wikipedia.org/wiki/Minimum_wage_law#Ireland

    Yes, but you are missing the commission vs pay reference period. Thus, the rate of pay is considered retroactively and averaged considering commission.


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  • Registered Users, Registered Users 2 Posts: 17,080 ✭✭✭✭Tusky


    Hes 24. So how is it calculated then ? If there is a comission is there no minimum wage laws at all ? What if he makes no sales...then he will be earning 5 euro an hour.

    Would I be right in saying that you add up how many hours youve worked after one month versus the ammount you have made, including comission to see what you have been paid per hour ? If its under the minimum do they have to make it up ?


  • Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    As far as I can remember the minimum wage exceptions (incl. commission) were something that we imported from UK law at some stage and they are relatively vague. I would suggest that if your friend wants to clarify their position they ring DETE who do have an advice line for these kinds of issues.


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    What's the companys name? Is it GALLOP or ORRICK?

    Tell him to look at http://www.boards.ie/vbulletin/showthread.php?t=2054962466 for how little he can earn, if he's signed the contract and the "commission" is part of said contract.


  • Registered Users, Registered Users 2 Posts: 17,080 ✭✭✭✭Tusky


    No its neither of them! It looks like a decent company.


  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    Tusky wrote: »
    Would I be right in saying that you add up how many hours you've worked after one month versus the amount you have made, including commission to see what you have been paid per hour ?

    Exactly - if the reference period is monthly. It should be stated by the employer, and may be weeky! I presume they'd have to make up a shortfall, but I'd imagine if there was a shortfall your friend would be let go for not achieving targets.


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