Exemption for employer
If an employer cannot afford to pay the national minimum wage due to financial difficulty the Labour Court may exempt an employer from paying the minimum wage rate for between 3 months and 1 year. Only 1 such exemption can be allowed.
The employer must apply to the Labour Court for the exemption with the consent of a majority of the employees, who must also agree to be bound by the Labour Court decision.
The employer must demonstrate that he/she is unable to pay the national minimum wage and that, if compelled to do so, would have to lay-off employees or terminate their employment.
An exemption may only be sought from paying the full rate of the national minimum wage, not for cases covered by the reduced rate, for example, employees who are under 18 years of age.
Is 9.10€ the minimum wage these days? A lot has changed in the last ten years....I used to be on 6.35€/hour but that's beside the point and doesn't answer OPs question.
As Marion pointed out, I can't see it being legal and as bacchus stated, it is certainly not on a permanent level. So Labour Court it is for that particular employer to get 1 exemption.