Payment of Wages Act, 1991
| Jurisdiction | Ireland |
| Citation | IR No. 25/1991 |
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Number 25 of 1991
PAYMENT OF WAGES ACT 1991
REVISED
Updated to 1 December 2022
This Revised Act is an administrative consolidation of the Payment of Wages Act 1991. 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 Credit Guarantee (Amendment) Act 2022 (38/2022), enacted 2 December 2022, and all statutory instruments up to and including the European Union (Restrictive Measures Concerning Ukraine) (No. 22) Regulations 2022 (S.I. No. 639 of 2022), made 5 December 2022, 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
revisedacts@lawreform.ie.
Number 25 of 1991
PAYMENT OF WAGES ACT 1991
REVISED
Updated to 1 December 2022
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 (23/2022)
• Workplace Relations Act 2015 (16/2015)
• Local Government Reform Act 2014 (1/2014)
• Education and Training Boards Act 2013 (11/2013)
All Acts up to and including Credit Guarantee (Amendment) Act 2022 (38/2022), enacted 2 December 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Payment of Wages Act 1991 (Display of Notices) Regulations 2022 (S.I. No. 545 of 2022)
• Payment of Wages Act 1991 (Application of Sections 4B to 4F) Regulations 2022 (S.I. No. 544 of 2022)
• Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020)
• Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017)
• Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015 (S.I. No. 419 of 2015)
• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)
• Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011)
• Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010)
• Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 305 of 1997)
• Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993)
• Payment of Wages (Appeals) Regulations 1991 (S.I. No. 351 of 1991)
• Payment of Wages Act 1991 (Commencement) Order 1991 (S.I. No. 350 of 1991)
All statutory instruments up to and including European Union (Restrictive Measures Concerning Ukraine) (No. 22) Regulations 2022 (S.I. No. 639 of 2022), made 5 December 2022, were considered in the preparation of this revision.
Number 25 of 1991
PAYMENT OF WAGES ACT 1991
REVISED
Updated to 1 December 2022
ARRANGEMENT OF SECTIONS
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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 |
|
Redundancy Payments Act, 1967 |
1967, No. 21 |
|
Truck Act, 1743 |
1743, c. 8 |
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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
REVISED
Updated to 1 December 2022
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:
Annotations
Modifications (not altering text):
C1
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.
SCHEDULE 1
PART 1
ACTS OF THE OIREACHTAS
...
Payment of Wages Act 1991 (No. 25 of 1991)
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Editorial Notes:
E1
Act 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 1, 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), not commenced as of date of revision.
E2
Previous affecting provision: functions transferred to Department of Social Protection and Department of and Minister for 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.
I...
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