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S.I. No. 419/2015 - Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015.

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Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd October, 2015.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by sections 4 and 36 of the Workplace Relations Act 2015 (No. 16 of 2015), hereby make the following regulations:

1. These Regulations may be cited as the Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015.

2. In these Regulations “Act of 2015” means the Workplace Relations Act 2015 (No. 16 of 2015).

3. The form set out in the Schedule is prescribed for the purposes of subsection (1) of section 36 of the Act of 2015.

4. (1) The amount of €2,000 is prescribed for the purposes of paragraph (b) of subsection (1) of section 36 of the Act of 2015 in relation to an offence alleged to have been committed under section 11 of the Protection of Employment Act 1977 (No.7 of 1977).

(2) The amount of €1,500 is prescribed for the purposes of paragraph (b) of subsection (1) of section 36 of the Act of 2015 in relation to an offence alleged to have been committed under subsection (4) of section 4 of the Payment of Wages Act 1991 (No.25 of 1991).

(3) The amount of €1,500 is prescribed for the purposes of paragraph (b) of subsection (1) of section 36 of the Act of 2015 in relation to an offence alleged to have been committed under section 23 of the National Minimum Wage Act 2000 (No. 5 of 2000).

SCHEDULE

WORKPLACE RELATIONS ACT 2015 (No. 16 of 2015)

Regulation 2 FIXED PAYMENT NOTICE IN RELATION TO AN ALLEGED OFFENCE UNDER section 11 of the Protection of Employment Act 1977 , subsection (4) of section 4 of the Payment of Wages Act 1991 or section 23 of the National Minimum Wage Act 2000

FPN Ref No.______________

Workplace Relations Commission

1. To:

2. It is alleged that you have committed a relevant offence, as defined by section 36 (5) of the Workplace Relations Act 2015 (No. 16 of 2015). Details of the relevant offence and associated fixed payment amount to be paid by you are as set out in the table below.

3. You may during the period of 42 days beginning on the date of this notice make to the Commission a payment of the prescribed amount as set out in the table at 2. above accompanied by this notice.

4. Payment must be made by Electronic Fund Transfer to:

Bank of Ireland, 2 College Green, Dublin 2

Account name: Department of Jobs, Enterprise & Innovation Agency/receipts EFT Public Bank.

IBAN IE38 BOFI 900017 61270047

BIC BOFIIE2D

5. You are not obliged to make the payment specified in this notice. However, if you do not make the payment during the period of 42 days beginning on the date of this notice a prosecution in relation to the relevant offence may be instituted.

6. A prosecution in respect of the alleged offence will not be instituted during the period of 42 days beginning on the date of this notice and, if the payment specified in this notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

Inspector⁴ Dated

GIVEN under my Official Seal

1 October 2015.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

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

These Regulations prescribe the form of Fixed Payment Notices in lieu of prosecution, if appropriate, and the amount of the fixed payment in each case in relation to alleged offences under section 11 of the Protection of Employment Act 1977 , subsection (4) of section 4 of the Payment of Wages Act 1991 or section 23 of the National Minimum Wage Act 2000 .

1 Insert “section 11 of the Protection of Employment Act 1977”, “subsection (4) of section 4 of the Payment of Wages Act 1991” or “section 23 of the National Minimum Wage Act 2000”.

2 Insert details of the nature of the offence

3 Insert the relevant amount as prescribed under Regulation 4 of the Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2015

4 Insert the name of the Inspector duly appointed under Section 26 of the Workplace Relations Act 2015

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