National Minimum Wage (Payment of Interns) Bill 2022
National Minimum Wage (Payment of Interns) Bill 2022
The National Minimum Wage (Payment of Interns) Bill 2022 has completed the second stage of Seanad Éireann. The Bill, which originated in Seanad Éireann, is sponsored by Marie Sherlock, Mark Wall, Rebecca Moynihan, Annie Hoey and Ivana Bacik.
The full title is "Bill entitled an Act to provide for the payment of the national minimum wage to certain persons doing work as interns or on work experience; for that purpose to amend the National Minimum Wage Act 2000; and to provide for related matters."
Amendment to the National Minimum Wage Act 2000:
The proposed Bill seeks to amend S.2 of the National Minimum Wage Act 2000 by inserting that any person who works more than 30 hours within any period of four weeks for another person shall be an employee of that person notwithstanding that he or she has not entered into or does not work under a contract of employment or is referred to as an intern or a trainee or a person on work experience.
The above will not apply if the worker does not expect, and has no reason to expect, payment for their work and:
- the work is done for charitable or philanthropic purposes; or
- the work is done for a closely related family member; or
- the worker is an apprentice within the meaning of the Industrial Training Act 1967 or the Labour Services Act 1987; or
- the worker is undergoing a programme of education and training leading to an award recognised by QQI and the work is prescribed by the education provider.
Since January 1st 2022 the national minimum wage in Ireland for a person over 20 years of age is €10.50 per hour, €9.45 per hour for persons aged 19, €8.40 per hour for persons aged 18, and €7.35 per hour for persons aged under 18.
In moving to introduce the Bill before the Seanad, Senator Marie Sherlock (Labour) commented: "Our Bill is effectively to ensure that all work is paid and that there is a level playing field for all workers, and young workers in particular, regardless of their background at the start of their working lives. In quite a number of sectors, it is now nearly impossible to get employment unless one takes on an unpaid internship. That reinforces privilege and the lack of diversity that exists in certain sectors. We believe this Bill is very important."