Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1 of the Convention. Minimum wage fixing. Further to its previous comment, the Committee notes the Government’s indications concerning the decision of the Supreme Court of 9 May 2013 by which employment agreements (REAs) previously registered under the Industrial Relations Act, 1946, were declared unconstitutional and were invalidated. The Committee also notes that the Government intends to bring forward as soon as possible legislation to address the Supreme Court ruling that struck down REAs and that the ten existing Joint Labour Committees (JLCs) are currently under review in accordance with section 11 of the Industrial Relations (Amendment) Act, 2012. The Committee requests the Government to keep the Office informed of any further developments concerning the review of the framework for REAs and the review of the existing JLCs. The Committee also requests the Government to provide in its next report full particulars on the impact of the labour market reforms – introduced pursuant to the Memorandum of Understanding between Ireland, the International Monetary Fund, the European Central Bank and the European Commission – to sectoral wage-setting mechanisms.

Article 3(2). Binding nature of the minimum wage. Further to its previous comment with regard to section 41 of the National Minimum Wage Act, 2000, and sections 9 and 14 of the Industrial Relations (Amendment) Act, 2012, providing for possible exemptions from the obligation to pay the statutory minimum wage in case of financial difficulties, the Committee notes the Government’s indication that no requests for temporary exemption from the obligation to pay the statutory minimum remuneration have been submitted under the Industrial Relations Act or the National Minimum Wage Act. The Committee wishes to recall, however, the importance it attaches to the principle of the binding nature of the minimum wage once it has been fixed, and also the need to genuinely consult representatives of employers and workers prior to any decision regarding the adjustment of the minimum wage. The Committee therefore again draws attention to sections 9 and 14 of the Industrial Relations (Amendment) Act, 2012, which allow for exemptions despite opposition from the majority of the workers, their representatives or the trade unions concerned. The Committee invites the Government to re-examine, in the context of the current reform process of wage-setting mechanisms, and in full consultation with employers’ and workers’ organizations, the scope and conditions of these exemption clauses.