Employment Regulation Order (Argricultural Workers Joint Labour Committee), 2010
| Jurisdiction | Ireland |
| Citation | IR SI 602/2010 |
| Year | 2010 |
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Notice of the making of this Statutory Instrument was published in | |||||||||
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“Iris Oifigiúil” of 17th December, 2010. | |||||||||
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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 23th April, 2010 ( S.I.No.164 of 2010 ) (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 Argricultural Workers Joint Labour Committee (hereinafter called “the Committee”) operates; | |||||||||
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AND WHEREAS the Committee has submitted to the Court a proposal for revoking the said Order; | |||||||||
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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; | |||||||||
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AND WHEREAS the provisions of Section 48 of the Industrial Relation Act, 1990 have been complied with; | |||||||||
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NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 43(4) of the Industrial Relation Act, 1946 and Section 48(4) of the Industrial Relations Act, 1990 , hereby Orders as follows: | |||||||||
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(1) This Order may be cited as the Employment Regulation Order (Argricultural Workers Joint Labour Committee), 2010. | |||||||||
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(2) Effect is hereby given to the proposals set out in the Schedule hereto. | |||||||||
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(3) The provisions set out in the Schedule hereto shall have effect as from 31st December, 2010 and as from that date the said Order shall be revoked. | |||||||||
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NOTE: Enquiries should be directed to The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Telephone 01-6136666 Extension Nos. 6639, 6640 6641 and 6642. “Lo-Call” number (if calling from outside (01) area) 1890 220 228). | |||||||||
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Contents: Page | |||||||||
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PART I 4 | |||||||||
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Scope and Definitions | |||||||||
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PART II 5 | |||||||||
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Statutory Minimum Hourly Rates of Pay | |||||||||
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PART III 7 | |||||||||
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General Conditions of Employment | |||||||||
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PART IV 11 | |||||||||
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Employment Policies and Procedures | |||||||||
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Schedule A 14 | |||||||||
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Trade Unions | |||||||||
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Schedule B 16 | |||||||||
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Grievance Procedures | |||||||||
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Schedule C 17 | |||||||||
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Disciplinary Procedures | |||||||||
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Schedule D 19 | |||||||||
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Bullying and Harassment Policy | |||||||||
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PART I — SCOPE AND DEFINITIONS | |||||||||
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It is the sole and exclusive role of the Agricultural Workers Joint Labour Committee to collectively negotiate the minimum rates of pay and conditions of employment for Agricultural Workers, in accordance with Section 42 of the Industrial Relations Act, 1946 . | |||||||||
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The minimum hourly rates of pay and conditions of employment laid down in the Employment Regulation Order will apply to all Agricultural Workers as defined below, except those whose rates of pay and conditions of employment are regulated by a registered employment agreement. | |||||||||
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Definitions: | |||||||||
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(a)“Agricultural Employer” means a person who employs other persons as Agricultural Workers. | |||||||||
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(b)“Agricultural Worker” means a person employed under a contract of service or apprenticeship whose work under the contract is or includes work in agriculture, but does not mean a person whose work under such contract is mainly domestic service. | |||||||||
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(c)“Agriculture” means horticulture, the production of any consumable produce, which is grown for sale or for consumption or other use, dairy farming, poultry farming, the use of land as grazing, meadow or pasture land or orchard or osier land or woodland, or for market gardens, private gardens, nursery grounds or sports grounds, the caring for or the rearing or training of animals and any other incidental activities connected with agriculture. | |||||||||
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(d)“Trade Union Representation” means representations by officials and representatives of trade unions made solely on behalf of trade union members in respect of the proper implementation or non implementation of the terms and conditions set out in this Employment Regulation Order, including matters arising from the operation of a grievance, disciplinary or bullying and harassment procedure. | |||||||||
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For the avoidance of doubt the term ‘Trade Union Representation’ does not mean any form of recognition of trade unions for the purposes of collective representation or bargaining, which is not provided for in the Employment Regulation Order. | |||||||||
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PART II — STATUTORY MINIMUM HOURLY RATES OF PAY | |||||||||
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Section 1. Agricultural Workers Minimum Hourly Rates | |||||||||
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An Experienced Adult Worker will be over the age of 18 and have completed the three (3) month probationary period. | |||||||||
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Section 2. New Entrant Minimum Hourly Rates | |||||||||
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The Entry Rate may be paid for the first three months of employment at 90% of the Experienced Adult Worker rate but shall be no less than the National Minimum Wage rate. | |||||||||
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Section 3. Structured Training Minimum Hourly Rate. | |||||||||
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The Structured Training Minimum Hourly Rates are provided to ensure that Trainee Workers earnings cannot fall below the average hourly rates provided for in this section. | |||||||||
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Training is formal structured training as defined in accordance with Section 16 of the National Minimum Wage Act, 2000 . | |||||||||
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Productivity Pay | |||||||||
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Agricultural Employer’s may pay Agricultural Workers on a productivity or output basis measured in units of output or weight. | |||||||||
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However, if the payment system is based on productivity, it is the Agricultural Employer’s responsibility to ensure that the average hourly rate of pay does not fall below the Statutory Minimum Hourly Rates as set out in this order. | |||||||||
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The gross earnings are divided by the hours of work to calculate the average hourly rate of pay for a Pay Reference Period, not exceeding one calendar month, as provided for in Section 10, Part II of the National Minimum Wage Act, 2000 . | |||||||||
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If the worker’s earnings based on productivity or output fall below the Minimum Hourly Rates, the employer must ‘make up’ the earnings to the Statutory Minimum Hourly Rates, as set out in this order. | |||||||||
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Rest Periods are not included in working hours for the purpose of calculating the average hourly rate. | |||||||||
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Payment of Wages | |||||||||
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Agricultural Workers shall be paid on a weekly basis. | |||||||||
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Board and Lodgings | |||||||||
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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: | |||||||||
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€54.13 for full board and lodgings per week*, or €7.73 per day. | |||||||||
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€32.14 for full board only per week*, or €4.60 per day. | |||||||||
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€21.85 for lodgings only per week*, or €3.14 per day. | |||||||||
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*Per week means a 7 day week | |||||||||
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PART III — GENERAL CONDITIONS OF EMPLOYMENT | |||||||||
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Flexible Working Week | |||||||||
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The Agricultural Industry includes a wide variety of activities, which are weather dependant, seasonal, unpredictable and often require 7 day week flexible working arrangements. | |||||||||
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Weekly Working Hours | |||||||||
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The normal hours of work for workers covered by the Employment Regulation Order will be between minimum 30 hours and maximum 48 hours per week. The maximum rostered hours of work in a week of up to 6 days will be 48 hours. However, the hours of work may exceed 48 hours per week where the average number of hours worked in a ‘reference period’ of 6 months does not exceed 48 hours per week. The Agricultural Employer must ensure that this arrangement is administered in compliance with Section 15, Part II, Organisation of Working Time Act, 1997. | |||||||||
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Rostered Days Off | |||||||||
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Workers will be rostered at least one day off in a seven-day week and the roster will be prepared at least one week in advance. Every third week the worker must have a weekend off (Saturday and Sunday), which is a 5 day working week (Monday to Friday). If a worker is required to work on a rostered day off, it must be on a voluntary basis. | |||||||||
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Premium Time | |||||||||
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In the event that a worker is required to work in excess of 48 hours per week or on a Rostered Day Off or on a Sunday then premium time of time and one third will apply to hours worked. | |||||||||
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Rest Periods | |||||||||
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The rest periods specified for workers in Sections 11,12 and 13 of the Organisation of Working Time Act, 1997 shall not apply to Agricultural Workers. Employers must ensure that Agricultural Workers have equivalent compensatory rest periods and breaks available to them in accordance with the guidelines set out in the S.I. No. 44/1998 — Organisation of Working Time (Code of Practice on Compensatory Rest and Related Matters) (Declaration) Order, 1998. | |||||||||
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All of the above arrangements will be administered in compliance with the Organisation of Working Time Act, 1997 . | |||||||||
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The Protection of Young Persons (Employment) Act, 1996 will apply to workers | |||||||||
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under the age of 18 particularly in respect of working time and rest breaks. | |||||||||
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Leave Entitlements | |||||||||
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Annual Leave | |||||||||
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Holidays will be accrued in accordance with Section 19 of the Organisation of Working Time Act, 1997 : | |||||||||
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Full-time | |||||||||
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4 working weeks in a leave year in which he/she works at least 1,365 hours | |||||||||
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(1365 / 39 = 35 weeks). | |||||||||
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Temporary | |||||||||
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One third of working week for each month in the leave year in which he/she works at least 117 hours (117 / 39 = 3 weeks). | |||||||||
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Part-time | |||||||||
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8% of the hours he/she works in a leave year, subject to a maximum 4 working weeks. The worker’s entitlement is to the greater leave period as calculated by any of the three formulae in this paragraph. | |||||||||
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Leave Administration | |||||||||
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(a) For the purposes of calculating holiday pay, no deductions will be made for benefits provided by the employer but not enjoyed by the worker whilst on annual leave, for example board. | |||||||||
(b) If a worker is ill while on annual leave and provides a medical certificate in respect of the illness to the employer, then the period will be regarded as absence through illness and not deducted from annual... |
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