STATUTORY INSTRUMENT

S.I. No. 99 of 2000

National Minimum Wage Act, 2000 (Prescribed Courses of Study or Training) Regulations, 2000

S.I. No. 99 of 2000

National Minimum Wage Act, 2000 (Prescribed Courses of Study or Training) Regulations, 2000

I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3(1) of the National Minimum Wage Act, 2000 (No. 5 of 2000) , and by reference to section 16(1) of that Act, make the following regulations:

Citation

1. These regulations may be cited as the National Minimum Wage Act, 2000 (Prescribed Courses of Study or Training) Regulations, 2000.

Definitions

2.         In these regulations, in relation to a course of study or training -

“approach” means the training methods and techniques, and how the learning will be delivered;

“assessment and certification procedure” means how the course is to be assessed for certification purposes and identifies the certifying body or the arrangements concerning written confirmation of the employee's completion of the course identifying the level of employee attainment against the objectives, which must include provision for the employee's signature;

“directed study or training” means planned and structured study or training which is insulated from immediate operational job pressures and can be delivered inside or outside the workplace;

“duration” means the total time allocated to the course in terms of hours per week and number of weeks; the duration of all main elements including workplace training and directed training, as appropriate, and the assessment time should be clearly shown;

“objectives” means the expected performance to be demonstrated by the employee at the end of the overall period of the course; that is, what the employee will be able to do on completion of the course in terms of knowledge, practical and personal skills to be demonstrated;

“outline plan” means the content of each module of the course which should state the titles, sequence of delivery, and time (in days/weeks/months) of each module;

“purpose” includes the rationale for the course, describing what it is expected to achieve and the expected outcomes of the training in terms of trainee opportunities;

“record system” means the types of records to be kept for the purposes of-

(a)       planning and implementing the study or training;

(b)       showing progress against the training objective;

(c)       administration;

“title” means the name of the course;

“workplace training” means planned and structured study or training carried out under normal operational job pressures.

Prescribed courses of study or training

3.         A course of study or training that satisfies the following criteria is a prescribed course of study or training for the purposes of section 16 of the National Minimum Wage Act, 2000 :

(1)        The employee's participation in the course is directed or approved by the employer.

(2)        The duration of the course is for a minimum period of 3 calendar months.

(3)        Subject to paragraph (4), the course takes place during the normal working hours of the employee.

(4)        The course involves at least 10% of directed study or training, which may be within or outside of normal working hours.

(5)        Any fees concerned with the employee's participation in the course directed by the employer, are paid by the employer.

(6)        The course -

(a)        enables the acquisition of skills and/or knowledge expected to enhance the work performance of the employee at the end of the course,

(b)        includes directed study or training,

(c)        includes workplace training.

(d)        involves supervision of the employee during workplace training,

(e)        includes a system of recording progress and results, which must provide for the retention by the employer for 3 years after the end of the employee's participation in the course at the premises or place where the employee works or, if the employee works at 2 or more premises or places, the premises or place from which the activities of the employee are principally directed or controlled,

(f)         include an assessment and certification procedure or written confirmation of the employee's completion of the course identifying the level of employee attainment against the objectives, which must include the employee's signature.

(7)        The course is the subject of a pre-existing written document or documents detailing the following information:

(a)        its title and purpose,

(b)        its objectives,

(c)        an outline plan of duration and approach,

(d)        the record system to apply,

(e)        the assessment and certification procedure,

(f)        advice by the employer of any facilities, including any time-off, to be given to the employee during the period of the employee's participation in the course to enable the employee to successfully complete the course, and any changes to the employee's working arrangements during the period of the employee's participation in the course.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order prescribes the criteria a course of study or training must satisfy in order that an employee undergoing such a course and who is aged 18 or over, shall be paid in accordance with section 16(1) of the National Minimum Wage Act, 2000 .