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Basic below min wage.

  • 26-04-2010 5:14pm
    #1
    MagicMarker
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭


    Not too long ago I started this thread. Well today I got my new contract and I've done the figures, my basic pay is less than minimum wage, however when I brought this up with my employers I was told that any bonus/commission earned is included in your basic hourly rate.

    In fairness, it does say that here.
    What counts as pay?

    For the purposes of the national minimum wage your gross wage includes, for example, the basic salary and any shift premium, bonus or service charge.

    However, I spoke to a SITPU Union official (I'm not a member) and they said that this isn't the case as a bonus/commission is performance related. Do union officials actually know what they're talking about? Is it possible the Citizens Info website is wrong?


Comments

  • #2
    wmpdd3
    Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    I haven't heard of this in any company yet though it looks like yo could take the National Minimum Wage act 2000 to mean this.

    Though as we have all found out, bonus and commission are at the discretion of the employer and are subject to change. Can we take from this that if sales are bad you will get paid less than the minimum wage.

    I think it's case for NERA. They will probably need a copy of the contract you signed if possible.


  • #3
    MagicMarker
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    wmpdd3 wrote: »
    Though as we have all found out, bonus and commission are at the discretion of the employer and are subject to change. Can we take from this that if sales are bad you will get paid less than the minimum wage.

    Well tbh the difference isn't that big, and there really shouldn't be an issue making up the difference! If sales were that bad then I'd just be sacked anyway! :)

    But clearly that's besides the point.


  • #4
    axer
    Registered Users, Registered Users 2 Posts: 5,517 ✭✭✭axer


    I think it is a case of is it possible that you could come out under the minimum wage? If yes, then it is illegal but it may only be illegal if it happens imo.


  • #5
    eejoynt
    Registered Users, Registered Users 2 Posts: 264 ✭✭eejoynt


    this is an extract from the Irish statute book online
    RECKONABLE COMPONENTS- these can be counted as part of the min. wage

    1. Basic salary.

    2. Shift premium.

    3. Piece and incentive rates, commission and bonuses, which are productivity related.

    4. The monetary value of board with lodgings or board only or lodgings only, not exceeding the amount, if any, prescribed for the purposes of this item.

    5. The amount of any service charge distributed to the employee through the payroll.

    6. Any payments under section 18 of the Organisation of Working Time Act, 1997 (zero hour protection).

    7. Any amount in respect of any of the above items advanced in a previous pay reference period that relates to the specific pay reference period.

    8. Any amount in respect of any of the above items earned in the specific pay reference period and paid in the next pay reference period or, where section 9 (1)(b) applies, paid in the pay reference period in which the record of working hours is received or due to be received by the employer or the pay reference period immediately after that.

    PART 2 — NON-RECKONABLE COMPONENTS these cannot

    1. Overtime premium.

    2. Call-out premium.

    3. Service pay.

    4. Unsocial hours premium.

    5. Any amount distributed to the employee of tips or gratuities paid into a central fund managed by the employer and paid through the payroll.

    6. Public holiday premium, Saturday premium and Sunday premium, where any such holidays or days are worked.

    7. Allowances for special or additional duties including those of a post of responsibility.

    8. Any payment of expenses incurred by the employee in carrying out his or her employment, including travel allowance, subsistence allowance, tool allowance and clothing allowance.

    9. On-call or standby allowance.

    10. Any payments for or in relation to a period of absence of the employee from the workplace, such as sick pay, holiday pay, payment for health and safety leave under the Maternity Protection Act, 1994 , or pay in lieu of notice, but not including a payment under section 18 of the Organisation of Working Time Act, 1997 (zero hour protection).

    11. Any payment by way of an allowance or gratuity in connection with the retirement or resignation of the employee or as compensation for loss of office.

    12. Pension contributions paid by the employer on behalf of the employee.

    13. Any payment referable to the employee's redundancy.

    14. Any advance of a payment referred to in Part 1 of this Schedule in the specific pay reference period relating to a subsequent pay reference period.

    15. Any payment-in-kind or benefit-in-kind, except board with lodgings, lodgings only or board only.

    16. Any payment to the employee otherwise than in his or her capacity as an employee.

    17. Any payment representing compensation for the employee, such as for injury or loss of tools and equipment.

    18. An amount of any award under a staff suggestion scheme.

    19. Any loan by the employer to the employee, other than an advance payment referred to in paragraph 7 in Part 1 of this Schedule.


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