National Standard Order, 2017

L.N. 144 of 2017

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

National Minimum Wage (Amendment)

National Standard Order, 2017

IN EXERCISE of the powers conferred by articles 4 and 48 of

the Employment and Industrial Relations Act, the Minister

responsible for Social Dialogue, Consumer Affairs and Civil

Liberties, has made the following order:-

The title of this Order is the National Minimum Wage

(Amendment) National Standard Order, 2017 and it shall be read and

construed as one with the National Minimum Wage National Standard

Order, hereinafter referred to as "the principal order".

Immediately after article 3 of the principal order, there

shall be inserted a new article 4 as follows

(1) Employees who are paid the weekly

" Mandatory

supplements.

minimum wage as set out in the Schedule to this

Order, or a weekly wage equivalent to the minimum

wage set out in the said Schedule, shall, upon the

completion of the first year of employment with the

same employer, be entitled to the following mandatory

supplement of

(a)

three euro (€3) per week to be

effected upon the start of the second year of

employment so that the basic pay of the

employee concerned shall be the weekly

minimum wage as set out in the Schedule or the

equivalent to the latter topped up by three euro

(€3); and

(b)

upon completion of the second year,

to a further three euro (€3) per week to be

effected upon the start of the third year of

employment so that the basic pay of the

employee concerned for that year and onwards

shall be the weekly minimum wage as set out in

the Schedule or the equivalent to the latter

topped up by six euro (€6).

(2) Employees who are paid more than the

weekly minimum wage as set out in the Schedule to

this Order, or more than the weekly wage equivalent to

the minimum wage set out in the said Schedule,

whether by virtue of any law, regulation or order or by

virtue of a contract of employment, shall, upon the

completion of the first year of employment with the

same employer, be entitled, to that portion of the

mandatory supplements as provided in sub-article (1)

sohowever that their weekly minimum wage topped up

with the amounts in paragraphs (a) and (b) of sub-

article (1) shall not exceed the weekly minimum wage

as set out in the Schedule to this Order, or a weekly

wage equivalent to the minimum wage set out in the

Schedule to this Order topped up with the supplements

laid down in paragraphs (a) and (b) of sub-article (1).

(3) Those employees, who, on the 28th April

2017, have already completed at least one year of

employment with the same employer and who are paid

the weekly minimum wage as set out in the Schedule

to this Order, or a weekly wage equivalent to the

minimum wage set out in the said Schedule, shall be

entitled to the mandatory supplements as laid down in

sub-article (1) as follows

with effect from 1 st January 2017,

(a)

the said employees shall be entitled up to a

maximum of three euro (€3) per week adjustment

in terms of sub-article (1);

(b)

in 2018, the said employees shall be

entitled up to a maximum of three euro (€3) per

week adjustment in terms of sub-article (1); and

(c)

in 2019, the said employees shall be

entitled to the balance so as to reach an increase

of six euro (€6) in the minimum wage, provided

that the employees will have been in

employment with the same employer for at least

three years.

(4) For the purposes of this article, the term

"employment with the same employer" shall mean

employment with the employer who had engaged the

employee originally and shall include other entities

within the same group of companies of which the

employer forms part.

B B

1046 1046

(5) Notwithstanding anything stated to the

contrary in article 33 of the Employment and

Industrial Relations Act, any other law, regulation or

order

(a)

all those employees who are entitled

to the mandatory supplements in terms of this

article and who are engaged on a definite

contract of employment in terms of the

Employment and Industrial Relations Act or of

any subsidiary legislation issued thereunder,

shall not, upon the expiry of their definite

contract of employment, be substituted by

another employee for up to one year from that

date upon which the contract has expired, unless

the employer informs the said employee that

there is a good and sufficient cause to substitute

that employee and specifically states what

constitutes the good and sufficient cause in

writing; and

(b)

with respect to all those employees

who are entitled to the mandatory supplements in

terms of this article and who are engaged on a

definite contract of employment in terms of the

Employment and Industrial Relations Act or of

any subsidiary legislation issued thereunder, if,

within six months from the expiry of the first

contract of employment, such employee is

offered another fixed term contract, the two

periods shall be considered as one continuous

period."

€0.27