Employment Regulation Order (Law Clerks Joint Labour Committee), 2009

JurisdictionIreland
CitationIR SI 215/2009
Year2009

S.I. No. 215 of 2009

EMPLOYMENT REGULATION ORDER (LAW CLERKS JOINT LABOUR COMMITTEE), 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th June, 2009.

WHEREAS the Labour Court (hereinafter called “the Court”), pursuant to the provisions of the Industrial Relations Acts, 1946 — 2004, made an Employment Regulation Order (Law Clerks Joint Labour Committee), dated 20th March, 2007 ( S.I. No. 118 of 2007 ) (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 Law Clerks 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 also 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 by Section 48(4) of the Industrial Relations Act, 1990 hereby Orders as follows:—

(1) This Order may be cited as the Employment Regulation Order (Law Clerks Joint Labour Committee), 2009.

(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 June 22nd, 2009 and as from that date the said Order shall be revoked.

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, 6641 and 6642. “Lo-Call” number (if calling from outside (01) area) 1890 220 228).

CONTENTS

Paragraph

Page

PART 1 — Scope and Definitions

1

Workers to whom this Order applies

3

2

Exclusions from scope of this Order

3

PART 2 — Minimum Weekly Rates of Pay

3

Minimum Weekly Rates of Pay

3

4

Hourly Rate

5

5

Overtime

5

6

Payment for Sundays and Public Holidays

5

PART 3 — Minimum Conditions of Employment

7

Normal Working Week

5

8

Meal Intervals

5

9

Annual Holidays

5

10

Sick Pay Scheme

6

11

Bullying/Harassment/Grievance/Disciplinary Procedure

6

PART 4 — General Provisions

12

General

8

ANNEX

Qualification, experience etc. for various positions

8

PART 1 — Scope and Definitions

1. Workers to whom this Order applies

Subject to paragraph 2 of this Schedule, this Order shall apply to workers whether whole-time or part-time employed by Solicitors in connection with their professional work and Bodies Corporate in their law departments under the direction of their law agents, including office managers, law clerks, bookkeepers, legal secretaries and office assistants.

2. Exclusions from Scope of Order

This Order shall not apply to Solicitors and Solicitors’ Apprentices.

PART 2 — Pay

3. Minimum Weekly Rates of Pay

The qualifications and experience, as well as the functions and responsibilities applying to each of the positions for whom rates are set out in this paragraph, are contained in the Annex to this Schedule.

It should be noted that the scales as specified in this Schedule apply, having regard to previous employment experience in a Solicitor’s Office and whether or not there has been a break in service not exceeding three years.

(a) Office Manager

From 22nd June 2009

€547.74

(b) Law Clerk / Bookkeeper

From 22nd June 2009

First year of employment

€437.58

Second year of employment

€457.98

Third year of employment

€478.38

(c) Legal Secretary

From 22nd June 2009

First year of employment

€369.24

Second year of employment

€386.58

Third year of employment

€403.92

Fourth year of employment

€421.26

Fifth year of employment

€438.60

Sixth year of employment and thereafter

€449.82

(d) Office Assistant

From 22nd June 2009

First year of employment

€370.26

Second year of employment and thereafter

€391.68

4. Hourly Rate

For full-time workers or for part-time workers the hourly rate shall be the appropriate weekly wage divided by the appropriate normal number of hours worked per week.

5. Overtime

All hours worked in excess of the normal hours in any week shall be overtime and shall be paid for at one-and-a-half times the hourly rate as defined in paragraph 4.

6. Payment for Sundays and Public Holidays

All hours worked on Sunday or on a statutory Public Holiday shall be paid for at twice the hourly rate as defined in paragraph 4, i.e. at double time.

PART 3 — Minimum Conditions of Employment

7. Normal Working Week

The normal number of hours to be worked by workers to whom this Order applies shall be 38 hours per week.

Where the normal working hours prescribed by an employer are 38 or less in any one week of not more than five working days, a worker who works the normal working hours so prescribed shall be entitled to the appropriate weekly rate set out in Paragraph 3.

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

8. Meal Intervals

Meal intervals shall not be reckoned as time worked.

9. Annual Holidays

All employees are entitled to annual leave in accordance with the provisions of the Organisation of Working Time Act, 1997 .

10. Sick Pay Scheme

(a) (i) Employees will be entitled to coverage under the Sick Pay Scheme after two years’ service.

(ii) No payment will be made for the first three days of any absence on sick leave.

(iii) For entitlement to payment, a certificate signed by a medical practitioner is required on the fourth day and on a weekly basis thereafter.

(iv) The employee will be responsible for claiming his/her Social Welfare entitlements while on sick leave and for paying over such payments to the employer.

(v) Under the Scheme, employees will be entitled to three weeks’ pay at appropriate Employment Regulation Order rates.

(vi) The employer will reserve the right to refer an employee for assessment by the employer’s nominated doctor.

(vii) The Sick Pay Scheme will operate on a rolling twelve months basis.

(b) Exclusions

The Sick Pay...

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