Employment Regulation Order (Agricultural Workers Joint Labour Committee), 2007

• Jurisdiction: Ireland
• Citation: IR SI 190/2007
• Year: 2007

S.I. No. 190 of 2007

EMPLOYMENT REGULATION ORDER (AGRICULTURAL WORKERS JOINT LABOUR COMMITTEE), 2007

WHEREAS the Labour Court (hereinafter called ‘the Court’), pursuant to the provisions of the Industrial Relations Acts 1946 - 2004, made an Employment Regulation Order dated 26th January, 2006, (S.I. No. 24 of 2006) (hereinafter called ‘the said Order’), fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Agricultural Workers Joint Labour Committee (hereinafter called ‘the Committee’) operates;

AND WHEREAS the Committee has submitted to the Court a proposal for revoking the said Order;

AND WHEREAS the Committee has submitted to the Court the proposals set out in the Schedule hereto for fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Committee operates;

AND WHEREAS the provisions of Section 48 of the Industrial Relations Act, 1990 have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 43(4) of the Industrial Relations Act, 1946 and Section 48(4) of the Industrial Relations Act, 1990 hereby orders as follows:- 1. This Order may be cited as the Employment Regulation Order (Agricultural Workers Joint Labour Committee), 2007. 2. Effect is hereby given to the proposals set out in the Schedule hereto. 3. The provisions set out in the Schedule hereto shall have effect as from 11th May, 2007 and as from that date the said Order shall be revoked.

NOTE: Enquiries should be addressed to The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Phone 01-6136666, Extension Nos. 6639, 6640, 6641 and 6642. “Lo-Call” number (if calling from outside (01) area) 1890 220 228).

SCHEDULE

PART I

STATUTORY MINIMUM REMUNERATION AND CONDITIONS OF EMPLOYMENT OF AGRICULTURAL WORKERS

SECTION 1 - Minimum time-rates other than those provided at Section 2.

Worker From 11th May, 2007 From 1st July, 2007Ø Experienced Adult Worker Per Week €333.45 Per Hour €8.55 Per Week €337.35 Per Hour €8.65 Under age 18 Per Week €233.61 Per Hour €5.99 Per Week €236.34 Per Hour €6.06

SECTION 2 - Minimum time-rates for other categories of worker

Worker From 11th May, 2007 From 1st July, 2007Ø Job Entrant First year after date of first employment over age 18 Per Week €266.76 Per Hour €6.84 Per Week €269.88 Per Hour €6.92 Second year after date of first employment over age 18 Per Week €300.30 Per Hour €7.70 Per Week €303.81 Per Hour €7.79

Worker in Structured Training From 11th May, 2007 From 1st July, 2007Ø First 1/3 period (not exceeding 12 months) Per Week €249.99 Per Hour €6.41 Per Week €253.11 Per Hour €6.49 Second 1/3 period (not exceeding 12 months) Per Week €266.76 Per Hour €6.84 Per Week €269.88 Per Hour €6.92 Third 1/3 period (not exceeding 12 months) Per Week €300.30 Per Hour €7.70 Per Week €303.81 Per Hour €7.79

Note: Training is formal structured training as defined in accordance with Section 16 of the National Minimum Wage Act, 2000.

PART II

NORMAL WORKING WEEK

1. Working Hours

The normal number of hours to be worked by workers in relation to whom the Committee operates shall be 39 hours per week.

In relation to workers under the age of 18, the provisions of the Protection of Young Persons (Employment) Act, 1996 shall apply.

The 39 hour week may be implemented in any one of the following ways, depending on the needs of the business:-

(a) a 39 hour week year round.

(b) 38 hours for 6 consecutive months. 40 hours for 6 consecutive months. (the months to be agreed at local level).

(c) 36 hours for 3 consecutive months. 40 hours for 9 consecutive months. (the months to be agreed at local level).

Weekly pay for normal hours should not differ as a result of the above arrangements, but should be paid as though the 39 hour week was worked year round.

Overtime rates shall be payable in respect of all time worked in any week in excess of the declared normal number of hours of work for that week.

Where hours of work (including overtime) exceed 48 hours per week, the total number of hours worked in any 7 day period must not exceed 48, averaged over a period of six months. The months of the averaging period must be consecutive, but the employer may choose which six months they will be.

2. Short Day

Only a half day shall be worked on Saturdays unless the contract of employment provides otherwise, or 24 hours notice of a requirement to work after 1.00 p.m. on Saturday is given to the worker by the employer.

3. Rest Periods

The rest periods specified for workers in Sections 11,12 and 13 of the Organisation of Working Time Act shall not apply to agricultural workers. Employers shall ensure that agricultural workers employed by them have equivalent compensatory rest periods and breaks available to them in accordance with the guidelines set out in the Code of Practice on Compensatory Rest Periods (S.I. 44 of 1998).

4. Overtime Rates

(a) Overtime applies after normal hours have been worked.

(b) For all time worked in excess of the normal hours of work on any day other than Sunday, and including after 1.00 p.m. on the short day, the minimum time-rate is time and one-third.

(c) For all time worked on Sundays, the minimum time-rate is time and two-thirds.

(d) In accordance with the provisions of the Organisation of Working Time Act, 1997, for normal hours worked on Public Holidays time x 2 applies. For hours over normal hours, the rate shall be time and 1/3 x 2.

PART III

BENEFITS OR ADVANTAGES

To comply with the provisions of the National Minimum Wage Act, 2000.

Board & Lodgings

If a worker receives board and lodgings, board only or lodgings only from his/her employer, the following amounts may be deducted from his/her pay:

€54.13 for full board and lodgings per week * , or €7.73 per day.

€32.14 for full board only per week * , or €4.60 per day.

€21.85 for lodgings only per week * , or €3.14 per day.

PART IV

HOLIDAYS

1. Definition

“Leave year” means a year beginning on 1st April in any year.

2. Annual Leave

Leave Year 1st April, 1999 to 31st March, 2000 and thereafter

From 1st April, 1999, depending on time worked, workers in relation to whom the Committee operates shall be entitled to holidays calculated by one of the following methods:-

(a) 4 working weeks in the leave year in which the worker works at least 1,365 hours (unless it is a leave year in which the worker changed employment);

(b) 1/3 of a working week per calendar month that the worker works at least 117 hours;

(c) 8% of the hours worked in a leave year, but subject to a maximum of 4 working weeks.

3. Entitlement to Public Holidays

Workers in relation to whom the Committee operates are entitled, in accordance with the provisions of the Organisation of Working Time Act, 1997, to whichever of the following their employer determines, in respect of public holidays:

(a) A paid day off on that day

(b) A...