Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Ireland (Ratification: 1930)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1) of the Convention. Differentiated minimum wage rates based on age. The Committee notes the explanation provided by the Government concerning the sub-minimum hourly rate of pay for employees under 18 years of age, as provided for under sections 14 and 15 of the National Minimum Wage Act, 2000 (hereinafter “the Act”). According to the Government, these provisions are based on recommendations of the National Minimum Wage Commission, also endorsed by the Inter-Departmental Group on the Implementation of a National Minimum Wage, made with a view to preventing students from leaving full-time education. The Committee also notes the Government’s indication that the reason for the subminimum rate applicable to workers over the age of 18 during the first two years of employment is the lack of experience of persons entering the workforce for the first time. The Committee considers that in matters of wage policy, the principle of equal pay for work of equal value should be of primary importance. It would therefore be grateful if the Government would clarify whether it intends to review the policy of lower minimum pay rates on account of age or professional experience in light of the results obtained so far. In this connection, the Committee notes also that section 15(2) of the Act provides that any period of employment during which the worker had not attained the age of 18 would be ignored in calculating a period of employment for the purpose of section 15(1). Recalling once again that the calculation of the wage should be based on objective criteria such as the quantity and quality of the work carried out, the Committee would appreciate receiving explanations as to what is the rationale for completely ignoring part of the worker’s past experience.

Article 3(2)(2). Consultations of social partners. The Committee notes the Government’s indications concerning the process of consultations leading to a labour court recommendation for the increase of the national minimum wage in case there is no national economic agreement to this effect between the social partners (the Irish Congress of Trade Unions (ICTU) and the Irish Business and Employers’ Confederation (IBEC)). It also notes the latest developments concerning the new social partnership agreement “Towards 2016” which provides for the readjustment of the statutory minimum pay as from 1 January 2007 based on a joint recommendation of the ICTU and the IBEC.

Article 3(2)(3). Binding nature of minimum wage rates. The Committee notes that, according to the information provided by the Government, no exemptions by virtue of section 41 of the Act have so far been requested or granted. The Committee would be interested, however, in receiving the Government’s explanations as to how the temporary exemption possibility referred to in section 41 of the Act may be taken to be in conformity with the principle set out in this Article of the Convention, according to which minimum wage rates once fixed have the force of law and may not be subject to abatement.

Article 4(1). System of supervision. The Committee notes that according to the information provided by the Government, no provision is made in the minimum wage legislation for the posting of notices, but workers are informed of the minimum pay rates in force through extensive information campaigns including media advertisements and the distribution of leaflets and booklets.

Article 5 and Part V of the report form. Practical application. The Committee notes the information supplied by the Government on the evolution in the last five years of the minimum wage, labour inspections results, the distribution of workers paid at the minimum wage rate in different sectors, and the Employment Regulation Orders (EROs) issued on the basis of proposals of the Joint Labour Committees (JLCs). It encourages the Government to continue to supply up to date information on the practical application of the Convention.