Reports have surfaced of the HSE's plan to pay Nurses and Midwives up to €2 per hour less than the National Minimum Wage (NMW)...but how are they getting away with this? are they willfully breaching the legislation? the answer is NO!
Under the National Minimum Wage Act, 2000, the NMW is €8.65 per hour, however there are provisions to enable an employer to pay less than this based on the person age and/or experience. Under the legislation if a person is an experienced adult worker they are entitled to €8.65, however if they are;
- Under 18; or
- in the first 2 years after the date of first employment over the age of 18; or
- a trainee undergoing a course that satisfies the conditions set out in S.I. No. 99 of 2000.
then the employer can pay them less than the National Minimum Wage, based on the following rates
- Under 18: €6.06 per hour
- in the first 2 years after the date of first employment over the age of 18: €6.92 per hour in the first year and €7.79 per hour in the second year
- a trainee undergoing a course that satisfies the conditions set out in S.I. No. 99 of 2000: 1st one-third period €6.49 per hour, 2nd one-third period €6.92 per hour, and 3rd one-third period €7.79 per hour.
The HSE is proposing that the rate of €6.49 an hour is the minimum national training wage and would be in place for the first 12 weeks of the 36-week placement which all nurses and midwives undertake as part of their degree courses. In the second 12 weeks, the pay will rise to €6.92 an hour, before rising to €7.79 per hour in the final 12 weeks. As you can see this is in keeping with the above mentioned provisions in the National Minimum Wage Act.
The student salary scheme is likely to cause hardship for students as they will effectively be working full-time and unable to keep up a separate part-time job to subsidise their wage.
Employers should note however that there must be a very clear training course that meets the criteria of S.I 99 of 2000, this is to stop unscrupulous employers attempting to pay less than required.
