Friend got paid way below the minimum wage.

Tzetze

Sorry if this post is in the wrong forum, please move if it is.

A Czech friend of mine (24 years old) started working for a restaurant on a trial basis. After working the first day for 11 hours he went back the next day to find out that the restaurant had taken on someone else instead and told him that there was no work for him.

They paid him €40 in cash for his 11 hours work. Is it acceptable to be paid far less than the minimum wage for those trial hours he worked?

What he got for his day's labour works out at less than €4 per hour. There was no agreement made beforehand as to what the wage would be. Is he entitled to fight for the minimum wage in this case?

Thanks in advance for any replies.

AARRRGH

Not everyone qualifies for minimum wage (see here: http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/pay-and-employment/pay_inc_min_wage) but getting less than €4 per hour is definitely illegal.

The Labour Inspectorate might be interested in this (http://www.citizensinformation.ie/categories/employment/enforcement-and-redress/labour-inspectorate)

http://www.immigrant.ie might have stories from people in a similar situation.

ScouseMouse

I own a shop and have experience of this from before I bought it. The minimum wage is for adult staff over the age of 18 years with one years RELEVANT experience. What this means is unless he can show he has the RELEVANT experience, he is not entitled. For example : He worked as a waiter in the restaurant but was a labourer or a bricklayer since he was 18. He does not have relevant experience so is not due minimum wage.

HOWEVER, he is entitled to 6.49 per hour. He was technically training in the job (unless he had experience) so this is how it works. This is taken from entemp.ie

In a course of training or study
over age 18, undertaken in normal
working hours
1st one third period
2nd one third period
3rd one third period
NB Each one third period must be at least one month and no longer than twelve months.
€6.49 per working hour
€6.92 per working hour
€7.79 per working hour

AARRRGH

supersouse: he was only getting €4 per hour, so his employer is in the wrong.

Oafley Jones

superscouse wrote: »

I own a shop and have experience of this from before I bought it. The minimum wage is for adult staff over the age of 18 years with one years RELEVANT experience. What this means is unless he can show he has the RELEVANT experience, he is not entitled. For example : He worked as a waiter in the restaurant but was a labourer or a bricklayer since he was 18. He does not have relevant experience so is not due minimum wage.

HOWEVER, he is entitled to 6.49 per hour. He was technically training in the job (unless he had experience) so this is how it works. This is taken from entemp.ie

Care to point out where you found that little nugget. Or did you just dream it all up?

csm

Oafley Jones wrote: »

Care to point out where you found that little nugget. Or did you just dream it all up?

the clue is in the last sentence in the section you quoted

ScouseMouse

Oafley Jones wrote: »

Care to point out where you found that little nugget. Or did you just dream it all up?

Dream it up? The question was "Can he fight for minimum wage?" and my answer was no he carnt. So my answer is relevant.

And as for the question of did I dream it up? I will repeat it again as per my first post.

THIS INFORMATION IS TAKEN FROM ENTEMP.IE.

So, I didnt dream it up, I got my info from my shop and the official website for ENTEMP.ie

I hope this answers your questions Oafley Jones.

ScouseMouse

csm wrote: »

the clue is in the last sentence in the section you quoted

Thanks CSM, I am glad you read the post (or is it you can read?) LOL

Oafley Jones

Perhaps you'd be so good as to quote it for me.

Oafley Jones

I'll make it easier for you, here's the link to the PDF on The National Minimum Wage Act 2000

http://www.entemp.ie/publications/employment/2007/minwagejul07.pdf

the1andonly1

superscouse wrote: »

Dream it up? The question was "Can he fight for minimum wage?" and my answer was no he carnt. So my answer is relevant.

And as for the question of did I dream it up? I will repeat it again as per my first post.

THIS INFORMATION IS TAKEN FROM ENTEMP.IE.

So, I didnt dream it up, I got my info from my shop and the official website for ENTEMP.ie

I hope this answers your questions Oafley Jones.

eh €40 divided by 11 hours is €3.64 an hour, which is less than the €6.06 allowed by the act