Best Wage & Hour Lawyers in Passage West

About Wage & Hour Law in Passage West, Ireland

Wage and hour law in Passage West is the same as the rest of Ireland because employment rights are set at national level. The rules cover minimum pay, working hours, rest breaks, holiday and public holiday entitlements, sick pay, tips, and how wages must be paid and recorded. These laws are mainly enforced by the Workplace Relations Commission and the Labour Court. If you live or work in Passage West, your employment contract, any collective or sectoral orders for your industry, and national statutes will determine your rights and obligations.

Employers must give clear written terms of employment, keep proper working time records, pay at least the applicable minimum rates, provide statutory leave and rest, and avoid unlawful deductions. Employees have routes to recover underpayments, challenge breaches, and seek compensation. Many local workers in retail, hospitality, transport, maritime, construction, and care may also be covered by sectoral wage orders that set higher minimums than the general national minimum wage.

Why You May Need a Lawyer

You may benefit from legal help if you suspect you are underpaid or your hours breach the working time rules. Common triggers include unpaid wages, unpaid overtime, unpaid holiday pay, non payment for public holidays, or denial of Sunday premiums where applicable. A lawyer can review your contract, payslips, rosters, and sectoral rules to calculate what you are owed and how to recover it.

Legal advice is also useful if your employer makes deductions without consent or legal basis, changes your roster or hours without agreement, refuses to place you on a band of hours that reflects your actual work pattern, or penalises you for asserting your rights. If you are treated as self employed but work like an employee, you may have a misclassification issue that affects pay and leave. Workers paid tips in hospitality may need advice where tips are not distributed fairly or shown on payslips. Agency workers and night workers have special protections that often require tailored guidance.

If matters cannot be resolved informally, a lawyer can draft a compliant complaint to the Workplace Relations Commission, gather evidence, represent you at mediation or adjudication, and protect you against retaliation or dismissal. Strict time limits apply, so early advice is important.

Local Laws Overview

Payment of wages and deductions: Employers must pay wages as agreed and give an itemised payslip. Deductions are only lawful if required by law, permitted by the contract, or agreed in writing with proper notice. The Payment of Wages legislation also covers how and when wages must be paid.

Minimum wage: Ireland has a national minimum wage that is reviewed annually on recommendation of the Low Pay Commission. There are age based and training rates. Certain sectors have higher minimums through Sectoral Employment Orders or Employment Regulation Orders. As rates change, you should check the current figure. As of 2024, the general adult national minimum wage was 12.70 euro per hour, but you should verify the current rate.

Tips and gratuities: Employers must not use tips to make up basic pay, must distribute customer tips fairly, and must show tips and the workplace tips policy on or with payslips.

Working time limits: The general maximum is an average of 48 hours per week calculated over a reference period, usually 4 months, with some sector variations. Night workers have additional limits, typically an average of 8 hours in any 24 hour period.

Rest breaks and rest periods: After 4.5 hours of work you are entitled to a 15 minute break. After 6 hours you are entitled to a 30 minute break, which can include the first 15 minutes. You are entitled to 11 consecutive hours daily rest and at least 24 consecutive hours weekly rest, normally preceded by the 11 hour daily rest.

Overtime and Sunday work: There is no general legal right to an overtime premium. Overtime rates depend on your contract or a collective or sectoral agreement. If you regularly work on Sundays, you are entitled to a Sunday premium or other reasonable compensation unless your pay already reflects that requirement.

Annual leave and public holidays: The statutory annual leave minimum is 4 weeks per leave year, with accrual rules for part time and casual workers. There are 10 public holidays. Depending on your hours and work pattern, you may be entitled to a paid day off, a paid day within a month, an additional day of annual leave, or an extra day of pay for each public holiday.

Zero hour and banded hours: Zero hour contracts are largely prohibited. If your actual hours over a 12 month reference period regularly exceed your contracted hours, you can request placement on a band of hours that reflects your average. Employers must respond within statutory time limits and can refuse only on limited grounds.

Written terms: Employers must provide core terms of employment in writing within 5 days of starting, and full written terms within 2 months. Core terms include employer and employee details, expected duration if fixed term or temporary, pay, pay reference period, hours, and job title or nature of work.

Sick pay: Statutory sick pay applies once you have sufficient service and a medical cert. The entitlement is increasing over several years. The rate is a percentage of normal pay up to a daily cap. Check the current number of days and rate for the relevant year.

Young workers: There are strict limits on hours, night work, and rest for workers under 18, with additional protections for children under 16. Employers must keep special records and obtain parental consent where required.

Agency and posted workers: Agency workers are entitled to the same basic working and employment conditions as direct hires doing the same work, including pay and working time, after specified periods or from day one depending on the condition.

Record keeping and inspection: Employers must keep working time and pay records, typically for at least 3 years, and make them available to WRC inspectors. Failure to keep records can itself be a breach.

Enforcement and remedies: Most wage and hour complaints go to the Workplace Relations Commission for mediation or adjudication, with appeals to the Labour Court. Time limits are short, usually 6 months from the alleged breach, extendable to 12 months for reasonable cause. Remedies can include payment of arrears, compensation, and compliance orders. Penalisation for asserting your rights is unlawful.

Frequently Asked Questions

What is the minimum wage in Passage West

The national minimum wage applies equally in Passage West. It is reviewed annually and different rates apply for age and training categories. Some sectors have higher minimums through sectoral or employment regulation orders. Check the current national rate and whether a sectoral order covers your job.

Do I get paid extra for overtime

There is no automatic legal overtime premium in Ireland. Overtime rates depend on your contract, a collective agreement, or a sectoral order. If you work on Sundays, you are entitled to a reasonable Sunday premium unless your normal pay already compensates for Sunday work.

How many hours can my employer ask me to work

The general maximum is an average of 48 hours per week over a reference period, commonly 4 months. You must also receive 11 hours daily rest and at least 24 hours weekly rest in addition to your daily rest. Night workers have stricter limits.

What breaks am I entitled to during the day

You are entitled to a 15 minute break after 4.5 hours and a 30 minute break after 6 hours, which can include the first 15 minutes. Breaks are normally unpaid unless your contract says otherwise. Breaks should be away from the workstation where possible.

Am I entitled to holiday pay and public holidays

Yes. The statutory minimum is 4 weeks annual leave per leave year, plus public holiday benefits for 10 public holidays if you meet the qualifying criteria. Part time and irregular hours workers accrue leave based on hours worked. Public holiday entitlements can be a paid day off, a paid day within a month, an extra day of annual leave, or an extra day of pay.

Can my employer make deductions from my wages

Deductions are only lawful if required by law, permitted by your contract, or agreed in writing with proper notice. Examples include tax and PRSI, court orders, or agreed deductions for things like approved expenses advances. Employers cannot deduct for till shortages or breakages unless strict statutory conditions are met.

Are zero hour contracts allowed

Zero hour contracts are largely prohibited. If your rostered hours vary, you may still be entitled to a minimum payment for certain short notice cancellations and to be placed on a band of hours that reflects your actual average over the previous 12 months.

How do I recover unpaid wages or holiday pay

Gather contracts, rosters, timesheets, messages, and payslips. Raise the issue in writing with your employer. If not resolved, you can lodge a complaint with the Workplace Relations Commission. A lawyer or an adviser can help prepare your claim and evidence. You usually have 6 months from the breach, extendable to 12 months for reasonable cause.

What are my rights regarding tips in bars and restaurants

Tips must be distributed fairly and cannot be used to make up your basic pay. Your payslip or an accompanying statement should show tips received and the workplace tips policy must be available to you and customers. If tips are withheld or misallocated, you can bring a complaint.

What if I am an agency worker or labeled self employed

Agency workers are entitled to equal treatment on pay and key conditions compared to direct employees doing similar work, subject to legal rules. If you are labeled self employed but controlled and integrated like an employee, you may be misclassified and entitled to employee rights including holiday pay, minimum wage, and working time protections.

Additional Resources

Workplace Relations Commission - information, inspections, mediation, and adjudication on employment rights and working time.

Labour Court - hears appeals from Workplace Relations Commission decisions and registers certain agreements and orders.

Department of Enterprise, Trade and Employment - policy and guidance on employment law, sectoral orders, and codes of practice.

Low Pay Commission - recommends national minimum wage rates each year.

Revenue Commissioners - guidance on payroll, tax, and employee or self employed status.

Department of Social Protection - statutory benefits such as Parent's Benefit, Maternity Benefit, Paternity Benefit, and sick pay certification.

Citizens Information - general guidance on employment rights and local contact points in County Cork.

Local trade unions and representative bodies - advice and representation in your sector in the Cork area.

Next Steps

Write down the issues you are facing, such as unpaid wages, unpaid holiday pay, excessive hours, lack of breaks, unlawful deductions, or refusal to place you on a band of hours. Note dates, amounts, and names of people involved.

Collect your evidence. Keep copies of your contract, any staff handbook, rosters, timesheets, clock in records, text messages or emails about shifts, payslips, and bank statements. Take photographs of posted rosters if needed.

Raise your concern in writing with your employer. Be clear, factual, and polite. Ask for a response within a reasonable timeframe. Keep a record of all correspondence.

Seek advice early. Contact a solicitor who practices employment law in County Cork, a trade union if you are a member, or an advice body. Early advice helps you meet deadlines and choose the best route.

Consider formal action if the matter is not resolved. Many wage and hour issues can be brought to the Workplace Relations Commission. A lawyer can draft and file your complaint, represent you at mediation or hearing, and negotiate settlement terms.

Watch the clock. The general time limit is 6 months from the breach, with a possible extension to 12 months if you show reasonable cause for the delay. Do not wait until the last minute.

Protect yourself against penalisation. It is unlawful to penalise or dismiss you for asserting your statutory rights. If you experience retaliation, seek legal advice immediately about additional claims such as penalisation or unfair dismissal.

If your issue involves sector specific rates or orders, confirm whether a Sectoral Employment Order or Employment Regulation Order applies to your job in construction, electrical contracting, security, contract cleaning, early learning and childcare, or another regulated sector, as these can increase minimum pay and set extra benefits.

If you work irregular or variable hours, assess your eligibility for banded hours after 12 months, and gather evidence of your actual hours over that period. This can stabilise your income and reduce scheduling disputes.

If you are unsure about the current minimum wage rate or sick pay days for the current year, check the latest official guidance or ask your adviser to confirm the up to date figures before calculating arrears.