I have come across a situation where a 26 year old student was paid less than the minimum wage for a training period in a 'deli'. I had a look around and couldn't see any structures supporting this, is it legal?
The National Minimum Wage Act also provides sub-minimum rates which apply to employees who are over 18 and undergoing a course of structured training or directed study that is authorised or approved of by the employer.
Since 1 July 2011 the trainee rates provided by the Act are as follows, see also 'Rates' below:
First one-third of training course €6.49 per hour (75% of national minimum wage rate)
Second one-third of training course €6.92 per hour (80% of national minimum wage rate)
Final one third of the training course €7.79 per hour (90% of national minimum wage rate)
Note: each one third period must be at least one month and no more than one year.
The Act provides certain criteria which the training course must meet if the trainee rates are to apply. For example, the training or study must be for the purposes of improving the work performance of the employee; the employee's participation on the training or study must be directed or approved by the employer; at least 10% of the training must occur away from the employee’s ordinary operational duties; there must be an assessment and certification procedure or written confirmation on the completion of the training course.