Payment of Wages Act, 1991
What is this act about?
This law, the Payment of Wages Act, 1991, aims to better protect employees regarding how their wages are paid and to make it easier for wages to be paid in ways other than cash. It also repeals older laws related to wage payment.
Who it applies to: All employees, including those in the State service, local authorities, harbour authorities, health boards, and vocational education committees; Employers, who are the persons with whom an employee has a contract of employment.
At a glance
- Country
- Ireland
- Area of law
- Labour law
- Articles
- 14
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The acceptable methods for employers to pay wages to employees.
- The requirement for employers to provide employees with a written statement detailing their gross wages and any deductions.
- The regulation of deductions employers can make from wages and payments they receive from employees.
- The process for employees to complain about certain employer actions regarding deductions and payments.
Who does this act apply to?
- All employees, including those in the State service, local authorities, harbour authorities, health boards, and vocational education committees.
- Employers, who are the persons with whom an employee has a contract of employment.
What are the key points?
- Wages can be paid by cheque, bank draft, postal order, credit transfer, cash, or other modes specified by the Minister.
- If wages are normally paid non-cash but a strike makes cash unavailable, the employer must pay in cash if the employee doesn't consent to another non-cash method.
- Employers must provide a written statement detailing gross wages and all deductions, ensuring confidentiality.
- An employer who pays wages by an unapproved method or contravenes the strike provision is guilty of an offence and liable to a fine not exceeding £1,000.
- If an employee's wages were paid in cash before this Act, the employer must continue to pay in cash unless another method is agreed upon by the employer (or employer's representative) and the employee (or employee's representative).
Legal guide
Labour law
Legal text
Legal text
Payment of Wages Act, 1991 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1991 Payment of Wages Act, 1991 Payment of Wages Act, 1991 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 25 of 1991 PAYMENT OF WAGES ACT, 1991 ARRANGEMENT OF SECTIONS Section
Section 1
Interpretation.
Section 2
Modes of payment of wages.
Section 3
Repeal of Truck Acts, 1831 to 1896, and related enactments.
Section 4
Statements of wages and deductions from wages.
Section 5
Regulation of certain deductions made and payments received by employers.
Section 6
Complaints by employees in relation to contraventions of section 5 by their employers.
Section 7
Appeal from decision of rights commissioner.
Section 8
Enforcement of decisions of rights commissioner and determinations of Tribunal.
Section 9
Powers of authorised officers.
Section 10
Provisions in relation to offences.
Section 11
Voidance of certain provisions in agreements.
Section 12
Laying of regulations before Houses of Oireachtas.
Section 13
Expenses of Minister.
Section 14
Short title and commencement.
SCHEDULE Enactments Repealed Acts Referred to Bills of Exchange Act, 1882 1882, c. 61 Central Bank Act, 1971 1971, No. 24 Civil Service Regulation Act, 1956 1956, No. 46 County Works (Ireland) Act, 1846 1846, c. 2 Hosiery Manufacture (Wages) Act, 1874 1874, c. 48 Industrial Relations Act, 1990 1990, No. 19 Local Government Act, 1941 1941, No. 23 Payment of Wages Act, 1979 1979, No. 40 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Redundancy Payments Act, 1967 1967, No. 21 Truck Act, 1743 1743, c. 8 Truck Act, 1831 1831, c. 37 Truck Act, 1896 1896, c. 44 Truck Amendment Act, 1887 1887, c. 46 Trustee Savings Banks Act, 1989 1989, No. 21 Number 25 of 1991 PAYMENT OF WAGES ACT, 1991 AN ACT TO PROVIDE FURTHER PROTECTION FOR EMPLOYEES IN RELATION TO THE PAYMENT OF WAGES, TO FACILITATE THE PAYMENT OF WAGES OTHERWISE THAN IN CASH, FOR THAT PURPOSE TO REPEAL THE TRUCK ACTS, 1831 TO 1896, AND RELATED ENACTMENTS AND TO PROVIDE FOR CONNECTED MATTERS. [23rd July, 1991] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Interpretation.
1.—(1) In this Act— “cash” means cash that is legal tender; “contract of employment” means— (a) a contract of service or of apprenticeship, and (b) any other contract whereby an individual agrees with another person to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract) whose status by virtue of the contract is not that of a client or customer of any profession or business undertaking carried on by the individual, and the person who is liable to pay the wages of the individual in respect of the work or service shall be deemed for the purposes of this Act to be his employer, whether the contract is express or implied and if express, whether it is oral or in writing; “employee” means a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee shall be construed as references to an employee employed by that employer; and for the purpose of this definition, a person holding office under, or in the service of, the State (including a member of the Garda Síochána or the Defence Forces) or otherwiseas a civil servant, within the meaning of the Civil Service Regulation Act, 1956 , shall be deemed to be an employee employed by the State or the Government, as the case may be, and an officer or servant of a local authority for the purposes of the Local Government Act, 1941 , a harbour authority, a health board or a vocational education committee shall be deemed to be an employee employed by the authority, board or committee, as the case may be; “employer”, in relation to an employee, means the person with whom the employee has entered into or for whom the employee works under (or, where the employment has ceased, entered into or worked under) a contract of employment; “the Minister” means the Minister for Labour; “strike” and “industrial action” have the meanings assigned to them by the Industrial Relations Act, 1990 ; “the Tribunal” means the Employment Appeals Tribunal; “wages”, in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including— (a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, and (b) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice:
Provided however that the following payments shall not be regarded as wages for the purposes of this definition: (i) any payment in respect of expenses incurred by the employee in carrying out his employment, (ii) any payment by way of a pension, allowance or gratuity in connection with the death, or the retirement or resignation from his employment, of the employee or as compensation for loss of office, (iii) any payment referable to the employee's redundancy, (iv) any payment to the employee otherwise than in his capacity as an employee, (v) any payment in kind or benefit in kind.
Modes of payment of wages.
2.—(1) Wages may be paid by and only by one or more of the following modes: (a) a cheque, draft or other bill of exchange within the meaning of the Bills of Exchange Act, 1882 , (b) a document issued by a person who maintains an account with the Central Bank of Ireland or a holder of a licence under section 9 of the Central Bank Act, 1971 , which, though not such a bill of exchange as aforesaid, is intended to enable a person to obtain payment from that bank or that holder of the amount specified in the document, (c) a draft payable on demand drawn by a holder of such a licence as aforesaid upon himself, whether payable at the head office or some other office of the bank to which the licence relates, (d) a postal, money or paying order, or a warrant, or any other like document, issued by or drawn on An Post or a document issued by an officer of a Minister of the Government that is intended to enable a person to obtain payment from that Minister of the Government of the sum specified in the document, (e) a document issued by a person who maintains an account with a trustee savings bank within the meaning of the Trustee Savings Banks Act, 1989 , that is intended to enable a person to obtain payment from the bank of the sum specified in the document, (f) a credit transfer or another mode of payment whereby an amount is credited to an account specified by the employee concerned, (g) cash, (h) any other mode of payment standing specified for the time being by regulations made by the Minister after consultation with the Minister for Finance.
Repeal of Truck Acts, 1831 to 1896, and related enactments.
3.—(1) The enactments specified in column (2) of the Schedule to this Act are hereby repealed to the extent specified in column (3) of that Schedule.
Statements of wages and deductions from wages.
4.—(1) An employer shall give or cause to be given to an employee a statement in writing specifying clearly the gross amount of the wages payable to the employee and the nature and amount of any deduction therefrom and the employer shall take such reasonable steps as are necessary to ensure that both the matter to which the statement relates and the statement are treated confidentially by the employer and his agents and by any other employees.
Regulation of certain deductions made and payments received by employers.
5.—(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless— (a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute, (b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or (c) in the case of a deduction, the employee has given his prior consent in writing to it.
(g) a deduction made by an employer from the wages of an employee where the purpose of the deduction is the satisfaction (whether wholly or in part) of an order of a court or tribunal requiring the payment of any amount by the employer to the court or tribunal or a third party out of the wages of the employee.
Complaints by employees in relation to contraventions of section 5 by their employers.
6.—(1) An employee may present a complaint to a rights commissioner that his employer has contravened section 5 in relation to him and, if he does so, the commissioner shall give the parties an opportunity to be heard by him and to present to him any evidence relevant to the complaint, shall give a decision in writing in relation to it and shall communicate the decision to the parties.
Appeal from decision of rights commissioner.
7.—(1) A party concerned may appeal to the Tribunal from a decision of a rights commissioner under section 6 and, if he does so, the Tribunal shall give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, shall make a determination in writing in relation to the appeal affirming, varying or setting aside the decision and shall communicate the determination to the parties.
(5)
Section 39
Enforcement of decisions of rights commissioner and determinations of Tribunal.
8.—(1) A decision of a rights commissioner, or a determination of the Tribunal, made in proceedings under this Act may be enforced as if it were an order of the Circuit Court made in civil proceedings by the judge of the Circuit Court for the place wherein the person in whose favour the decision or determination was made ordinarily resides.
Powers of authorised officers.
9.—(1) In this section “authorised officer” means a person appointed by the Minister to be an authorised officer for the purposes of this Act.
Provisions in relation to offences.
10.—(1) Proceedings for an offence under this Act may be brought and prosecuted by the Minister.
Voidance of certain provisions in agreements.
11.—A provision in an agreement (whether a contract of employment or not and whether made before or after the commencement of this Act) shall be void in so far as it purports to preclude or limit the application of, or is inconsistent with, any provision of this Act.
Laying of regulations before Houses of Oireachtas.
12.—Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Expenses of Minister.
13.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Short title and commencement.
14.—(1) This Act may be cited as the Payment of Wages Act, 1991.
SCHEDULE Enactments Repealed
Section 3
.
Session and Chapter or Number & Year Short Title Extent of Repeal
(1)
(2)
Section 20
37 & 38 Vict., c. 48 Hosiery Manufacture (Wages) Act, 1874 The whole Act 50 & 51 Vict., c. 46 Truck Amendment Act, 1887 The whole Act 59 & 60 Vict., c. 44 Truck Act, 1896 The whole Act No. 40 of 1979 Payment of Wages Act, 1979 The whole Act Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais