8. Protection of Wages

Author(s):  
Astra Emir

This chapter considers the provisions of the Employment Rights Act 1996 for the protection of wages. First, it considers the definition of wages, and what are deductions. It then goes on to look at restrictions on unauthorised deductions from wages and payments (ERA, ss 13, 15); excepted deductions and excepted payments (ERA, ss 14, 16); deductions and payments in retail employment (ERA, ss 17–18); and complaints to an employment tribunal (ERA, s 23). The chapter also discusses the rules for national minimum wage and national living wage, covering who qualifies for them, the hourly rates and methods of enforcement.

2020 ◽  
pp. 231-246
Author(s):  
Astra Emir

This chapter considers the provisions of the Employment Rights Act 1996 for the protection of wages. First, it considers the definition of wages, and what are deductions. It then goes on to look at restrictions on unauthorised deductions from wages and payments (ERA, ss 13, 15); excepted deductions and excepted payments (ERA, ss 14, 16); deductions and payments in retail employment (ERA, ss 17–18); and complaints to an employment tribunal (ERA, s 23). The chapter also discusses the rules for national minimum wage and national living wage, covering who qualifies for them, the hourly rates and methods of enforcement.


2021 ◽  
pp. 35-50
Author(s):  
Michael Jefferson

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on employee wages. An employer may be required to pay wages even if there is no work for the employee to do. Part II of Employment Rights Act 1996 deals with the protection of wages. The National Minimum Wage Act 1998 (NMWA) provides a minimum hourly wage for workers. A higher minimum wage for those over 23 (until 2021, this was 25), the National Living Wage, was introduced in 2016.


Author(s):  
Michael Jefferson

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on employee wages. An employer may be required to pay wages even if there is no work for the employee to do. Part II of Employment Rights Act 1996 deals with the protection of wages. The National Minimum Wage Act 1998 (NMWA) provides a minimum hourly wage for workers. A higher minimum wage for those over 25, the National Living Wage, was introduced in 2016.


2021 ◽  
Vol 13 (9) ◽  
pp. 4772
Author(s):  
Hanna Klikocka ◽  
Aneta Zakrzewska ◽  
Piotr Chojnacki

The article describes and sets the definition of different farm models under the categories of being family, small, and large-scale commercial farms. The distinction was based on the structure of the workforce and the relationship between agricultural income and the minimum wage. Family farms were dominated by the farming family providing the labour and their income per capita exceeded the net minimum wage in the country. The larger commercial farms feature a predominance of hired labour. Based on surveys, it was found that in 2016 in the EU-28 there were 10,467,000 farms (EU-13—57.3%, EU-15—42.7%). They carried out agricultural activities on an area of 173,338,000 ha (EU-13—28.5%, EU-15—71.5%). Countries of the EU-28 generated a standard output (SO) amounting to EUR 364,118,827,100 (EU-13—17.2% and EU-15—82.8%). After the delimitation, it was shown that small farming (70.8%) was the predominant form of management in the European Union (EU-13—88.2% and EU-15—79.8%) compared to family farming (18.4%) (EU-13—10.5% and EU-15—29%). In most EU countries the largest share of land resources pertains to small farms (35.6%) and family farms (38.6%) (UAA—utilised agricultural area of farms).


2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Duncan McVicar ◽  
Andrew Park ◽  
Seamus McGuinness

AbstractThis paper examines the impacts of the introduction of the UK National Minimum Wage (NMW) in 1999 and the introduction of the UK National Living Wage (NLW) in 2016 in Northern Ireland (NI) on employment and hours. NI is the only part of the UK with a land border where the NMW and NLW cover those working on one side of the border but not those working on the other side of the border (i.e., Republic of Ireland). This discontinuity in minimum wage coverage enables a research design that estimates the impacts of the NMW and NLW on employment and hours worked using difference-in-differences estimation. We find a small decrease in the employment rate of 22–59/64-year-olds in NI, of up to 2% points, in the year following the introduction of the NMW, but no impact on hours worked. We find no clear evidence that the introduction of the NLW impacted either employment or hours worked in NI.


Author(s):  
Erling Rasmussen ◽  
Jens Lind

In May 2012, a campaign started in support of a New Zealand ‘living wage’. This happened in light of many New Zealand workers receiving wages at or just above the statutory minimum wage and that several fast-growing sectors continue to establish many low paid jobs. While the paper’s starting point is the New Zealand ‘living wage’ debate, the issues discussed have been part of international debates about the existence and consequences of low paid work. These debates have highlighted that some countries have been better at containing low paid work. On this background, this paper focuses on the trends and issues surrounding ‘working poor’ in Denmark. As detailed, the Danish labour market has succeeded in having a relatively low level of ‘working poor’. This has even happened in several service sector industries renowned for their propensity to create low paying jobs. However, the paper also questions the stability of the so-called Danish Model based on an open labour market with large in- and outflows of migrants and with a reliance on collective bargaining/agreements, with limit state regulation and, in particular, no statutory minimum wage.


2021 ◽  
Author(s):  
◽  
Jaime Lancaster

<p>This thesis expands the literature on minimum and living wages by investigating local minimum wage ordinances and voluntary living wage programs. This thesis is presented as three distinct papers; the first explores a county-wide minimum wage ordinance in New Mexico, USA, while papers 2 and 3 explore New Zealand’s voluntary living wage program. In the United States, local minimum wage ordinances are growing in popularity, and research is emerging on their effects. Setting minimum wages at the local level is politically easier than enacting Federal legislation, and local minimum wages may be better targeted to local economic conditions. In my first chapter, “Local Minimum Wage Laws and Labour Market Outcomes: Evidence from New Mexico,” I use fixed effects and synthetic control analysis to uncover the effects of a local minimum wage law on the Albuquerque/Bernalillo region of New Mexico, with a focus on how provisions exempting tipped workers affect gains in earnings. My findings reveal that these provisions can lead to reductions in hourly wages for workers exempted from the minimum wage even when the labour market is not harmed overall. I find that the minimum wage ordinance did not reduce teen employment but that it served to increase the supply of teen labour leading to an increase in the teen unemployment rate.  The second and third papers in this thesis address the voluntary living wage program in New Zealand. In the first quantitative work on New Zealand’s living wage, I utilize data from Statistics New Zealand’s Integrated Data Infrastructure (IDI) to explore several facets of the living wage experience for employers and employees. In the second paper, “The New Zealand Living Wage: Earnings, Labour Costs and Turnover,” I investigate the characteristics of New Zealand living wage firms and use fixed effects to examine the impact of living wage certification on employment, worker earnings and turnover. My results provide some evidence for increases in labour costs and worker earnings following certification but find that this change is driven by changes in small firms that employ few workers. I find no evidence of a reduction in turnover.  In my final chapter, “Who Benefits from Living Wage Certification?” I investigate the distribution of benefits from the living wage based on an employees’ pre-treatment earnings, time of hire and whether or not they remained employed with the living wage firm. To do this, I utilize a worker-level panel dataset containing the full earnings history of all workers that were employed for a living wage or matched control firm between January 2014 and December 2015. I use fixed effects models containing fixed effects for worker, firm and month to compare patterns of earnings growth for workers hired before certification (‘pre-hires’) with those hired after certification (‘joiners’) and those who left their living wage job but remained in the workforce (‘leavers’). I also estimate the impact of living wage employment on the earnings of low-income workers. I find that the financial benefit of the living wage accrues almost exclusively to workers hired after certification and to low income workers. In addition, my analysis on the worker-level panel suggests that overall earnings growth in living wage firms lagged that in control firms over the observation period. This result is driven by relative declines in earnings for living wage workers in large firms and is attributed to increases in the published living wage rate that lags behind wage growth in the relevant segments of the job market.</p>


2020 ◽  
pp. 134-150
Author(s):  
Sarah Green

This chapter analyses the fraud offence from the perspective of ‘wage theft’. The social concept of a ‘wage theft’ encompasses a wide range of dishonest or ‘sharp’ practices: false labelling of individuals as ‘self-employed’ and hence outside the scope of the National Minimum Wage framework, failure to pay holiday pay, unlawful deductions, and an absence of transparency in relation to wage entitlements. It is linked to wider public concerns about the effective enforcement of the statutory minimum wage regime. The chapter then examines whether the social concept of ‘wage theft’ maps onto the legal definition of ‘theft’ in section 1 of the Theft Act 1968. It argues the legal label of theft is ill-suited to the constellation of practices associated with the social label of ‘wage theft’. This is because of the disjunction between the proprietary status of ‘wages’ and the offence elements of theft in English law. In short, unpaid wages will often not count as ‘property belonging to another’ at the time of the dishonest appropriation by the employer, hence there is a difficulty with identifying a complete and coincident mens rea and actus reus.


2019 ◽  
pp. 369-383
Author(s):  
Stephen Taylor ◽  
Astra Emir

This chapter examines the distinct areas of employment law that regulate the payment of wages and benefits. It starts by focusing on the national minimum wage and national living wage legislation, describing how these work in practice and assessing the many debates that still surround the effectiveness and impact of this legislation. It goes on to explain the situations in which employers can and cannot lawfully make deductions from pay packets, the right for all employees to receive an itemised pay statement and the administration of statutory sick pay (SSP). Finally, it briefly discusses the regulation of occupational pension schemes.


Sign in / Sign up

Export Citation Format

Share Document