Payment of Wages Act, 1979

• Jurisdiction: Ireland
• Citation: IR No. 40/1979
• Year: 1979

Number 40 of 1979
PAYMENT OF WAGES ACT, 1979
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Application. 3. Payment of wages otherwise than in cash. 4. Further provisions regarding payment of wages otherwise than in cash. 5. Employers to be given certain statements as regards salary or wages. 6. Certain deductions prohibited. 7. Certain terms or conditions null and void. 8. Savers and defence. 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.
	(2) Section 10 of the Act of 1887 (which applies the provisions of the Act of 1831 and of the first-mentioned Act to certain out-workers not directly employed) shall have like effect for the purposes of this Act as it has for the purposes of those Acts, and references in this Act to employee, to employers and to wages shall be construed accordingly.
	(3) References in this Act to any enactment shall be construed as references to that enactment as amended or extended by or under any other enactment.
	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.
	(2) Where immediately before the passing of this Act an instrument or mode of payment to which this section applies was being used to pay wages, then for the purposes of enabling the wages to continue to be so paid, a document complying with the requirements of subsection (1) of this section shall if necessary be deemed to have been signed by the employer and the employee concerned in relation to that mode of payment, and where such a document is deemed under this subsection to have been signed, the mode of payment used immediately before the passing of this Act may continue to be used in the particular case until its employment is terminated in a manner specified in clause (I) or (II) of subsection (1) (a) (ii) of this section.
	(3) This section applies to the following instruments and modes of payment, namely—
	(a) a cheque, draft or other bill of exchange within the meaning of the Bills of Exchange Act, 1882 ;
	(b) any document issued by a person who maintains an account with the Central Bank of Ireland or a holder of a licence which, though not such a bill of exchange, is intended to enable a person to obtain payment from that bank or that holder of the sum mentioned in the document;
	(c) any draft payable on demand drawn by a holder of a licence upon himself, whether payable at the head office or some other office of his bank;
	(d) any postal or money order issued by the Minister for Posts and Telegraphs or any document issued by a public officer which is intended to enable a person to obtain payment from a Minister of the Government of the sum mentioned in the document;
	(e) any document issued by a person who maintains an account with a trustee savings bank which is intended to enable a person to obtain payment from the bank of the sum mentioned in the document;
	(f) a credit transfer;
	(g) such other instrument or mode of payment as may be specified for...