Employers, by law, are required to keep employment records up to date and available for inspection. See the WRC’s guide to inspections (pdf).
The Inspection Services division of the WRC are responsible for carrying out inspections in workplaces.
Inspections occur generally as a consequence of a complaint by an Employee or in certain instances by a former employee and can also be made anonymously.
Complaints arise as follows:
To investigate a specific complaint
As part of random or targeted inspections in a particular sector of employment As part of routine inspections
On receipt of a complaint the investigator shall determine whether the issues raised come within the jurisdiction of the WRC Inspection Services and if so an Inspector will issue an appointment letter to the employer specifying the date and time of the inspection and the records to be made available.
Disclosure to the employer of the name of the complainant is only possible with the complainant’s prior consent.
Complaints for investigation by a WRC Inspector include:
an employee alleges that their employer has failed to pay the employee at least the prescribed National Minimum hourly rate of pay, they may request an inspector to investigate the allegation. This complaint may be made using the Workplace Relations Complaint Form.
- unauthorised deductions from wages/under-payments, - failure to issue payslips,to give rest breaks and daily and weekly rest to grant annual leave and/or public holiday entitlements, to provide terms of employment and/or core (Day 5) statement
- allowing employees to work in excess of maximum weekly working hours, and
The WRC Adjudication and the WRC Inspection Services and Inspectors do not share information with respect to complaints being carried out by their respective offices.
As to Notice of an Inspection it is policy that the employer be notified by the Inspector in advance of an Investigation. However, the inspector may also call without advance notice. The date of the proposed inspection may be re arranged by agreement between the employer and inspector.
Inspectors have extensive powers in that they can ;
- Enter premises at reasonable times
- Examine and take copies of records
- Interview employers and employees & take statements
- Commence legal proceedings
- Apply to the District Court for search warrants.
It is not just the entitlements and records relating to the complainant that are the subject of the investigation – the scope of the investigation extends to all employees.
After the initial inspection of records should the inspector determine that the employer has breached employment law, the options open to the WRC Inspection Services are as follows:
- Issue a letter asking you to correct what needs to be corrected
- Refer the matter to legal services for prosecution
- Carry out a further inspection
Contravention Notice
The Inspector will notify the employer in writing setting out details of the contravention, the reason why the Inspector arrived at his/her conclusion that a contravention has taken place and the actions to be taken by the employer to correct the situation so as to achieve compliance ( e.g. the payment of any unpaid wages) The Inspector will work with the employer to achieve compliance.
Non compliance by the employer with the terms of the Contravention Notice may result in
- prosecution proceedings
- the issue of a Fixed Payment Notice and/or a Compliance Notice.
Should the matter relate to an employee’s unpaid wages, the Inspector may request confirmation from the employer as to complying with the law.
The WRC can bring District Court proceedings against an employer and if convicted the employer may be held liable for the WRC costs including associated costs.
Where breaches of the Protection of Young Persons (Employment) Act 1996 are found these are referred for prosecution after a first inspection.
Be advised that Information may be exchanged by Inspectors who can work in Joint Investigation Units with both the Department of Employment Affairs and Social Protection and Revenue.
A second inspection will be made if all matters are not resolved to the satisfaction of the Inspection Services.
You will receive a warning that any further or new breaches discovered mean you will be prosecuted.
Compliance Notices
In the case of non compliance by the employer with certain contraventions rest breaks, annual leave, public holiday and Sunday work entitlements and payment of wages,Inspectors may issue Compliance Notices compelling employers to take a certain course of action by a specified date including the payment of any unpaid wages. It is an offence not to comply with a compliance notice.
Employers may appeal a Compliance Notice to the Labour Court within 42 days of issue.
Fixed payment notices
In the case of certain contraventions in the areas of the National Minimum Wage
- (failure to issue a statement of the hourly rate of pay), payment of wages
- (failure to issue payslips, failure to provide a tips and gratuities statement, failure to treat service charges as tips and gratuities and failure to post a tips and gratuities notice), protection of employment
- (failure to initiate consultations in relation to collective redundancies) and terms of employment
- (failure to provide a core (‘Day 5’) statement),
Inspectors may issue statutory Fixed Payment Notices for up to €2,000 following on from non compliance with Contravention Notices. Should the fine not be paid within 42 days of issue of the Notice well then prosecution proceedings will follow.