Minimum wage: What you need to know

GENERALLY, the amount of pay you get for working is agreed between you and your employer. Pay negotiations normally happen when you get a job offer. However, most employees are entitled to a minimum wage under the National Minimum Wage Act 2000

The national minimum wage does not stop an employer from offering you a higher wage. You cannot agree to be paid less than the minimum wage or to do unpaid work, unless you are employed by a close family relative or are on a recognised apprenticeship.

What is the minimum wage in 2024?

On January 1, 2024, the national minimum wage for people aged 20 and over increased by €1.40 to €12.70 per hour.

How is my hourly rate calculated?

Your hourly rate is calculated by dividing your gross pay by the total number of hours you have worked. This is set out in the National Minimum Wage Act 2000 Section 20.

Your working hours include overtime, and travel time where this is part of the job. Time spent on training that your employer approved and during normal working hours, is also included.

Your employer must include details of the pay reference period in your statement of employment conditions, as set out in the Terms of Employment (Information) Act 1994-2014 (as amended).

You can ask your employer for a written statement of your average rate of pay for any pay reference period within the last 12 months. The employer has four weeks to give you the statement.

Are all workers entitled to receive the minimum wage?

No. You are not entitled to get the national minimum wage if you are employed by a close relative (for example, a spouse, civil partner or parent). Neither are you entitled to it if you are in a statutory apprenticeship or you are aged under 20

What is the minimum wage for workers aged under 20?

Workers aged under 18 are entitled to €8.89 per hour, which is 70% of the minimum wage. Workers aged 18 are entitled to €10.16 per hour (80%) and workers aged 19 are entitled to €11.43 per hour, which is 90% of the full minimum wage. Those aged 20 and over receive €12.70 per hour

What happens if my employer cannot pay me the minimum wage?

If your employer cannot afford to pay the minimum wage due to financial difficulty, the Labour Court can give them permission, or exempt them, from paying the minimum wage rate for between three months and one year. Only one exemption is allowed.

The employer must apply to the Labour Court for the exemption, and they must have the agreement of a majority of employees. The employer and the employees must all agree to follow the decision of the Labour Court.

The employer must show that they are unable to pay the minimum wage and that if they had to pay it, they would need to lay off or dismiss employees.

Employers can only be exempt from paying the full rate of the minimum wage. They cannot be exempt from paying the reduced rate (for example, to employees under 18).

Can I be victimised by my employer for seeking the minimum wage?

If you ask your employer to pay the minimum wage, you are protected by law from victimisation or dismissal. If you are dismissed for asking for the minimum wage, you can bring a claim for unfair dismissal. You can do this no matter how long you have worked for your employer or how many hours you work weekly.

If you are due an increase under the National Minimum Wage Act, your employer may try to cut your working hours to avoid an increase in the overall cost of your pay. However, they cannot do this without also reducing your duties or the amount of work.

How can I make a complaint if I am not receiving the minimum wage?

You should speak with your employer first. If you cannot resolve the problem, complete the online complaint form on workplacerelations.ie. Your local Citizens Information Centre can advise you on this.

The online complaint form gives you two options. One option is that you can request an investigation by an inspector from the Workplace Relations Commission (WRC). The inspector will investigate your claim that the minimum wage is not being paid.

Alternatively, you can refer a dispute to a WRC adjudicator. However, you can only do this after asking your employer for a statement outlining the calculation of the average hourly pay. You must refer the dispute within six months of getting the statement. If necessary, the time limit can be extended to a maximum of 12 months. Where your employer has not given you the statement, the time starts from the date they should have (that is, within 4 weeks of the request).

It is important to note that you cannot refer a complaint about the same dispute to both an adjudicator and an inspector. This is set out in the National Minimum Wage Act.

What is the living wage?

A national living wage will replace the national minimum wage from 2026. It will be set at 60% of the median wage in any given year. The national minimum wage will remain in place until the 60% living wage is fully phased in. The national minimum wage will increase over the years as usual.

• South Munster Citizens Information phone lines in Cork City are monitored from 10am to 4.30pm, Monday to Friday. In addition, the Cork city CIC in Cornmarket Street is open to the public Mondays, Tuesdays, Thursdays and Fridays, 9.45am to 1pm and Wednesdays, 2pm to 4.30pm. Blackpool CIC is open to the public 10am to 4pm, Tuesday and Thursday. Full details for all Citizens Information Centres on their website.