Payment of Wages Act, 1979

Payment of Wages Act, 1979 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 1979 Payment of Wages Act, 1979 Payment of Wages Act, 1979 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 Print Full ActPriontáil an tAcht Iomlán Number 40 of 1979 PAYMENT OF WAGES ACT, 1979 ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

Application.

Section 3

Payment of wages otherwise than in cash.

Section 4

Further provisions regarding payment of wages otherwise than in cash.

Section 5

Employers to be given certain statements as regards salary or wages.

Section 6

Certain deductions prohibited.

Section 7

Certain terms or conditions null and void.

Section 8

Savers and defence.

Section 9

Short title.

Number 40 of 1979 PAYMENT OF WAGES ACT, 1979 AN ACT TO PROVIDE FOR THE PAYMENT OF CERTAIN WAGES OTHERWISE THAN IN CASH AND FOR OTHER MATTERS RELATED TO THE PAYMENT OF SALARIES OR WAGES. [26th December, 1979] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act— “account” includes both a current account and a deposit account (whether described by that name or as a deposit or in any other way); “the Act of 1831” means the Truck Act, 1831; “the Act of 1874” means the Hosiery Manufacture (Wages) Act, 1874; “the Act of 1887” means the Truck Amendment Act, 1887; “the Minister” means the Minister for Labour; “trade union” has the same meaning as in the Trade Union Acts, 1871 to 1975; “wages”, except in section 5 and subject to subsection (2) of this section, means, except where the context otherwise requires, any amount which constitutes wages within the meaning and for the purposes of the Act of 1831 or the Act of 1874.

Application.

2.—This Act, other than sections 5 and 8 (4), applies only to employees as regards the payment of whose wages the provisions of the Act of 1831, or the provisions of that Act as extended by section 10 of the Act of 1887, or the provisions of the Act of 1874, apply.

Payment of wages otherwise than in cash.

3.—(1) Notwithstanding anything contained in any other enactment, an instrument or mode of payment to which this section applies may be used by an employer to make a payment of wages to an employee to whom this section applies if either— (a) (i) the employer, and— (I) the employee, or (II) some other person authorised in writing by the employee to sign on his behalf, sign a document that specifies that mode as the mode of payment of wages to be used, and (ii) the document indicates that the specified mode of payment will cease to be used— (I) whenever both the employer and employee so determine, or (II) at such time as may be specified in a notice in writing given by either of them to the other of them, or, in case the document is signed by a person authorised under this paragraph, given to or by the employer by or to that person or some other person nominated in writing for the purposes of this clause by the employee concerned, but not being less than four weeks after the day on which the notice is received, or (b) (i) there is between the employer or an employers' organisation or other body of persons representative of employers (of which the employer is a member) and any trade union or any other body of persons which is recognised for the purpose of collective bargaining negotiations by the employer (of which in either case the employee is a member), an agreement in writing (whether made before or after the passing of this Act) providing that that mode is to be used by the employer, or, in case the agreement is made on behalf of employers who are members of such an organisation or other body so representative, by each such employer, to pay wages to his employees who are members of either the trade union or the other body so recognised, as the case may be, and (ii) unless there is therein provision for its periodic review, the agreement provides for its termination by either party thereto giving to the other party thereto notice in writing, and (iii) the period of such notice is specified in the agreement and is a period of not less than four weeks, and the mode of payment specified in a document under this subsection or in such an agreement may continue to be used until its employment is terminated either in accordance with subparagraph (ii) of paragraph (a) of this subsection or under and in accordance with the agreement, as may be appropriate.

Further provisions regarding payment of wages otherwise than in cash.

4.—(1) Subject to subsection (2) of this section, where an employee to whom this section applies is required to work at a place other than his usual place of employment or is absent from work on leave or with the consent of his employer or by reason of illness, an instrument or mode of payment to which section 3 of this Act applies may be used for the payment of the wages of the employee notwithstanding the fact that a document has not been signed in compliance with section 3

Employees to be given certain statements as regards salary or wages.

5.—(1) Where an employer makes a deduction from the amount of any payment of salary or wages he makes to an employee, he shall give, or cause to be given, to the employee a statement in writing indicating the gross amount of the salary or wages payable and the nature and amount of the deduction, and in case such a statement is so given, the employer concerned shall take such reasonable steps as are necessary to ensure that both the matter to which the statement relates, and the statement before it is given to the employee, are treated confidentially.

Certain deductions prohibited.

6.—It shall not be lawful for an employer to make from any wages paid to an employee to whom this section applies any deduction by reason only of their being paid otherwise than in cash.

Certain terms or conditions null and void.

7.—Any term or condition of an agreement whereby a person is required— (a) for the purposes of section 3 of this Act to sign, or to authorise another to sign on his behalf, a document referred to in the said section 3, (b) not to terminate the use of an instrument or a mode of payment of wages which both is an instrument or a mode of payment specified in that section and is being used to make payments of wages to an employee to whom that section applies, shall be null and void.

Savers and defence.

8.—(1) Where an instrument or mode of payment to which section 3 of this Act applies is used as the mode of paying wages to an employee to whom this section applies, the following provisions shall have effect: (a) none of the following enactments shall apply to wages whose payment is effected by that mode, namely, the Truck Act, 1743, section 20 of the County Works (Ireland) Act, 1846, or section 1 of the Act of 1874, (b) no action or other legal proceedings shall be instituted under section 4 of the Act of 1831 in respect of wages whose payment is effected by that mode or in respect of a lawful deduction taken into account in calculating that payment, (c) no proceedings for a penalty in respect of a payment of wages effected by that mode shall be instituted under either section 9 of the Act of 1831 or section 3 of the Act of 1874.

Short title.

9.—This Act may be cited as the Payment of Wages Act, 1979.

Acts Referred to Bills of Exchange Act, 1882 1882, c. 61 Central Bank Act, 1971 1971, No. 24 County Works (Ireland) Act, 1846 1846, c. 2 Hosiery Manufacture (Wages) Act, 1874 1874, c. 48 Trade Union Acts, 1871 to 1975 Trustee Savings Banks Acts, 1863 to 1979 Truck Act, 1743 1743, c. 8.

Truck Act, 1831 1831, c. 37.

Truck Amendment Act, 1887 1887, c. 46.

Truck Act, 1896 1896, c. 44.

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