Minimum Wage 2019 and New Zero-Hours Contracts

Since 1 January 2019, under the National Minimum Wage Order 2018, the national minimum wage for an experienced adult employee is €9.80 per hour. An experienced adult employee for the purposes of the National Minimum Wage Act is an employee who has an employment of any kind in any 2 years over the age of 18

 

Rates on or after 1 January 2019
Minimum hourly rate of pay % of minimum wage
Experienced adult worker €9.80 100%
Aged under 18 €6.86 70%
First year from date of first employment aged over 18 €7.84 80%
Second year from date of first employment aged over 18 €8.82 90%
Employee aged over 18, in structured training during working hours
1st one-third period €7.35 75%
2nd one-third period €7.84 80%
 3rd one-third period €8.82 90%

Note: each one-third period must be at least one month and no more than one year.

Example 1: John was aged 17 when he started work on 1 January 2015 so he was entitled to 70% of the minimum wage. His 18th birthday was on 1 April 2015 and after that he was entitled to 80% of the minimum wage as he was in his first year of employment after the age of 18. From 1 April 2016, he was entitled to 90% of the minimum wage as he was in his second year of employment since the age of 18. After 1 April 2017 he is entitled to the full minimum wage rate as he is an experienced adult worker for the purposes of the National Minimum Wage Act. (That is, he is not in the first 2 years after the date of first employment over age 18). You can find a definition of an experienced adult worker in this list of frequently asked questions on the national minimum wage.

Example 2: Mary worked for 6 months when she was 17. She went to college and, on 1 October 2015, at the age of 20 she started work. She was entitled to 80% of the minimum wage as she was in her first year of employment. On 1 June 2016 she turned 21 but her rate of pay did not increase as she was still in first year of employment after the age of 18. (Her 6-months’ work when aged 17 is not taken into account.) From 1 October 2016 she was entitled to 90% of the minimum wage as she was in her second year of employment. Mary changed job on 1 December 2016 but she was only entitled to 90% of the minimum wage as she continued to be in her second year of employment. She is not entitled to the full minimum wage rate until 1 October 2017. This is when her second year of employment ends.

Zero-hours Contracts

Anyone who works for an employer for a regular wage or salary automatically has a contract of employment. Contracts should be provided within 5 working days.

A zero-hours contract of employment is a type of employment contract where the employee is available for work but does not have specified hours of work. If you have a zero-hours contract this means there is a formal arrangement that you are required to be available for a certain number of hours per week, or when required, or a combination of both. Employees on zero-hours contracts are protected by the Organisation of Working Time Act 1997 but this does not apply to casual employment.

The Act requires that an employee under a zero-hours contract who works less than 25% of their hours in any week should be compensated. The level of compensation depends on whether the employee got any work or none at all. If the employee got no work, then the compensation should be either for 25% of the possible available hours or for 15 hours, whichever is less. If the employee got some work, they should be compensated to bring them up to 25% of the possible available hours.

For example, if you are required to be available for 20 hours per week, but you got no work, you would be entitled to be compensated for 15 hours or 25% of the 20 hours (that is, 5 hours), whichever is the less. In this case, 5 hours is the lesser amount. If, on the other hand, you got 3 hours’ work out of the 20, you would be entitled to be compensated by 2 hours to bring you up to 25% of the contract hours.