National Minimum Wage Act 2000

Changes to legislation: as of 3 September 2024, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the National Minimum Wage Act 2000. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Electoral (Amendment) Act 2023 (40/2023), enacted 19 December 2023, and all statutory instruments up to and including the Income Tax (Employments) Regulations 2024 (S.I. No. 1 of 2024), made 4 Jauary 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

Number 5 of 2000

NATIONAL MINIMUM WAGE ACT 2000

Updated to 1 January 2024

ARRANGEMENT OF SECTIONS

Working Hours and Pay Reference Period

National Minimum Hourly Rate of Pay

Declaration and Review of National Minimum Hourly Rate of Pay

Entitlement of Employee to Payment and Sub-minimum Rates

Calculation of Minimum Hourly Rate of Pay

Records and Statement of Average Hourly Earnings

Disputes about Entitlement and Enforcement

Hearing of Disputes

Inspectors and Inspections

Offences and Enforcement

Acts Referred to

Bankruptcy Act, 1988

Civil Service Regulation Act, 1956

Companies Act, 1963

Courts Act, 1981

Employment Equality Act, 1977

Industrial Relations Act, 1946

Industrial Relations Act, 1990

Industrial Relations Acts, 1946 to 1990

Industrial Training Act, 1967

Labour Services Act, 1987

Local Government Act, 1941

Maternity Protection Act, 1994

Minimum Notice and Terms of Employment Acts, 1973 to 1991

Organisation of Working Time Act, 1997

Payment of Wages Act, 1991

Parental Leave Act, 1998

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict., c. 9

Protection of Employees (Employers’ Insolvency) Act, 1984

Protection of Employees (Employers’ Insolvency) Acts, 1984 to 1991

Redundancy Payments Acts, 1967 to 1991

Taxes Consolidation Act, 1997

Terms of Employment (Information) Act, 1994

Trade Union Act, 1941

Unfair Dismissals Act, 1977

Unfair Dismissals Acts, 1977 to 1993

Worker Protection (Regular Part-Time Employees) Act, 1991

Number 5 of 2000

NATIONAL MINIMUM WAGE ACT 2000

Updated to 1 January 2024

AN ACT TO PROVIDE FOR THE DETERMINATION, DECLARATION AND REVIEW OF A NATIONAL MINIMUM HOURLY RATE OF PAY FOR EMPLOYEES, THE ENTITLEMENT OF EMPLOYEES TO REMUNERATION FOR EMPLOYMENT AT A RATE NOT LESS THAN OR CALCULATED BY REFERENCE TO THAT NATIONAL MINIMUM HOURLY RATE, THE CALCULATION OF EMPLOYEES’ ENTITLEMENTS, THE SETTLEMENT OF DISPUTES RELATING TO SUCH ENTITLEMENTS, THE ENFORCEMENT AND RECOVERY OF WAGES, THE IMPOSITION OF PENALTIES FOR BREACHES OF THIS ACT, THE AMENDMENT OF THE TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994, THE ORGANISATION OF WORKING TIME ACT, 1997, AND THE PROTECTION OF EMPLOYEES (EMPLOYERS’ INSOLVENCY) ACT, 1984, AND FOR RELATED PURPOSES. [31st March, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred and references construed (14.10.2020) by Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Business, Enterprise and Innovation.

(2) References to the Department of Employment Affairs and Social Protection contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Business, Enterprise and Innovation.

3. (1) The functions vested in the Minister for Employment Affairs and Social Protection -

(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and

are transferred to the Minister for Business, Enterprise and Innovation.

(2) References to the Minister for Employment Affairs and Social Protection contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Business, Enterprise and Innovation.

ACTS OF THE OIREACHTAS

National Minimum Wage Act 2000 (No. 5 of 2000)

Editorial Notes:

Collectively cited National Minimum Wage Acts 2000 and 2015 included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 7, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2).

Previous affecting provision: functions transferred and “Minister for” and “Department of Jobs, Enterprise and Innovation” construed (1.09.2017) by Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional provisions in arts. 4, 5; superseded as per C-note above.