Can I be paid less than minimum wage if I have a disability?

Question

Accepted Answer

If your disability significantly affects how well you do your job, a labour inspector can give your employer an exemption permit allowing them to pay you less than minimum wage. Your rate will be written in the permit and must relate to how well you can do the job. It relates to that job only for the specified period. The labour inspector will only issue the permit if they think the wage is fair and you agree to it.
If your boss thinks it’s appropriate to pay you less than minimum wage, they need to contact the Employment Service Centre and get a referral to the Labour Inspectorate. The Inspector won’t backdate any exemption earlier than when they were notified. To approve a lower wage they need to confirm things like:
• the disability truly stops you doing the work well enough to get minimum wage
• the lower rate relates to your ability to do the work
• you’ve been given the chance to have an independent representative, support person or advocate when discussing the wage
• the work is suitable for you and you’ll get appropriate supervision, training and support
• your employment agreement meets all other minimum standards like sick leave and annual holidays
• the wage is consistent with those of others in similar circumstances who have minimum wage exemptions
• your boss has done everything that can reasonably be expected to help you do the job the best you can.

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