Agricultural Wages (Amendment) Act, 1945

Agricultural Wages (Amendment) Act, 1945 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 1945 Agricultural Wages (Amendment) Act, 1945 Agricultural Wages (Amendment) Act, 1945 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 32 of 1945. AGRICULTURAL WAGES (AMENDMENT) ACT, 1945. ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Repeal of subsection (2) of section 2 of the Principal Act. 3. Order for payment of underpayments of wages in proceedings for an offence under section 19 of the Principal Act. 4. Provisions in relation to civil proceedings for the recovery of underpayments of wages. 5. Provisions relating to incapacitated agricultural workers. 6. Short title and collective citation. Acts Referred to Agricultural Wages Act, 1936 No. 53 of 1936 Number 32 of 1945. AGRICULTURAL WAGES (AMENDMENT) ACT, 1945. AN ACT TO AMEND THE AGRICULTURAL WAGES ACT, 1936 . [4th August, 1945.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Interpretation. 1.—(1) In this Act— the expression “the Principal Act” means the Agricultural Wages Act, 1936 (No. 53 of 1936); the expression “wages period” means— (a) in relation to an agricultural worker whose minimum rate of wages is fixed as a monthly rate, a month; (b) in relation to an agricultural worker whose minimum rate of wages is fixed otherwise than as a monthly rate, a period of any seven consecutive days. (2) Where the sum paid by an agricultural employer to an agricultural worker as wages in respect of a wages period is less than the sum which ought, at the appropriate minimum rate, to have been paid by the agricultural employer to the agricultural worker as wages in respect of that wages period, then, for the purposes of this Act— (a) there shall be deemed to have been an underpayment by the agricultural employer to the agricultural worker of wages in respect of that wages period, and (b) the amount of the underpayment of wages in respect of that wages period shall be taken to be the difference between the said sums. (3) This Act shall be construed as one with the Principal Act. Repeal of subsection (2) of section 2 of the Principal Act. 2.—Subsection (2) of section 2 of the Principal Act is hereby repealed. Order for payment of underpayments of wages in proceedings for an offence under section 19 of the Principal Act. 3.—(1) Where proceedings are commenced, on or after the date of the passing of this Act, against an agricultural employer charging him with an offence under section 19 of the Principal Act in relation to any alleged underpayment by him to an agricultural worker of wages in respect of a wages period, the Court may, whether there is a conviction or not, if satisfied that there has been an underpayment by the agricultural employer to the agricultural worker of wages in respect of any wages period falling wholly or partly within the two years immediately preceding the date on which the proceedings were commenced, order the agricultural employer to pay to the agricultural worker a sum equal to the amount of the underpayment of wages in respect of that wages period. (2) Subsection (4) of section 19 of the Principal Act shall cease to apply to proceedings commenced, on or after the date of the passing of this Act, against an agricultural employer charging him with an offence under section 19 of the Principal Act in relation to an alleged underpayment by him to an agricultural worker of wages in respect of a wages period. Provisions in relation to civil proceedings for the recovery of underpayments of wages. 4.—(1) Where there has been an underpayment by an agricultural employer to an agricultural worker of wages in respect of a wages period, then, subject to subsection (2) of this section, an officer of the Board may, in the name and on behalf of the agricultural worker, institute civil proceedings to recover the amount of the said underpayment, without prejudice however to the right of the agricultural worker to institute such proceedings. (2) Notwithstanding anything contained in any enactment, civil proceedings shall not, on or after the date of the passing of this Act, be commenced to recover an underpayment by an agricultural employer to an agricultural worker of wages in respect of a wages period unless— (a) in case the agricultural worker has at the date of the commencement of the proceedings ceased to be in the employment of the agricultural employer,— (i) the proceedings are commenced within two years after the date of such cesser, and (ii) the said wages period falls wholly or partly within the two years ending on the date of such cesser, or (b) in case the agricultural worker is in the employment of the agricultural employer at the date of the commencement of the proceedings, the said wages period falls wholly or partly within the two years ending on the date of the commencement of the proceedings. (3) Subsection (5) of section 19 of the Principal Act shall cease to apply to civil proceedings commenced, on or after the date of the passing of this Act, to recover an underpayment by an agricultural employer to an agricultural worker of wages in respect of a wages period. Provisions relating to incapacitated agricultural workers. 5.—Where— (a) proceedings, whether criminal or civil, are commenced, on or after the date of the passing of this Act, in relation to an alleged underpayment by an agricultural employer to an agricultural worker of wages in respect of a wages period, and (b) the agricultural employer proves that the agricultural worker was so affected by physical injury or mental deficiency or any infirmity due to age or any other cause as to have been incapacitated from earning wages in respect of that wages period at the appropriate minimum rate, then, for the purpose of such proceedings, the agricultural worker shall be deemed to have been granted a permit under section 18 of the Principal Act exempting the employment of such worker unconditionally from the provisions of the Principal Act requiring wages to be paid to him in respect of that wages period at not less than the said minimum rate. Short title and collective citation. 6.—(1) This Act may be cited as the Agricultural Wages (Amendment) Act, 1945. (2) The Principal Act and this Act may be cited together as the Agricultural Wages Acts, 1936 and 1945. 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