S.I. No. 8/1985 - Employment Regulation Order (Messengers (Dublin City and Dún Laoghaire) Joint Labour Committee), 1985

WHEREAS the Labour Court (hereinafter called "the Court") pursuant to the provisions of Section 43 of the Industrial Relations Act, 1946 (hereinafter called "the Act") made Employment Regulations Order (Messengers (Dublin City and Dún Laoghaire) Joint Labour Committee), 1983 dated 10th August, 1983 ( S.I. No. 242 of 1983 ) (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 Messengers (Dublin City and Dún Laoghaire) 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 43 of the Act have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by section 43 of the Act hereby orders as follows:—

• (1) This Order may be cited as Employment Regulation Order (Messengers (Dublin City and Dún Laoghaire) Joint Labour Committee), 1985.

• (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 21st January, 1985 and as from that date the said Order shall be revoked.

NOTE: Enquiries should be addressed to the Joint Labour Committees Section, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4. (Phone 608444, Extension Nos. 301, 304 and 305).

SCHEDULE WORKERS TO WHOM THIS SCHEDULE APPLIES

SECTION 1.—For the purpose of this Schedule a "worker" means a person of either sex, of fourteen years of age or more but under eighteen years of age who is engaged wholly or mainly in the collection or delivery of goods or messages outside the employer's place of business and who is employed by a person whose place of business is situated in the area of the County Borough of Dublin or the Borough of Dún Laoghaire.

EXCLUDING

( a ) A worker who is engaged as a driver of a mechanically propelled or an animal-drawn vehicle;

( b ) A worker to whom an employment regulation order giving effect to proposals submitted by another Joint Labour Committee for the time being applies;

( c ) A worker to whom a registered employment agreement for the time being applies;

SECTION 2.—(i) The provisions of Sections 5, 6, 7 and 9 of this Schedule shall not apply to workers engaged as assistants to drivers of mechanically propelled or animal-drawn vehicles.

• (ii) The provisions of Sections 3 to 8 inclusive of this Schedule shall not apply to workers employed solely on the delivery of newspapers or periodicals who are not employed for more than three hours on any day.

MINIMUM WAGES

SECTION 3.—*Workers other than daily workers*

A worker other than a daily worker shall be paid a weekly wage not less than the amount shown in the following table as appropriate to his age:—

SECTION 4.—*Daily Workers*

• (1) A daily worker means a worker engaged to work on any number of days less than five in any week.

• (2) A daily worker shall be paid an hourly wage not less than the amount shown in the following table as appropriate to his age:—

A daily worker shall be paid a minimum of four hours' wages in respect of each day on which he works.

HOURS AND WORK AND OVERTIME

SECTION 5.—*Permitted and Normal Hours of Work*

• (1) A worker shall be deemed to have worked continuously on any day for the whole period, less the time allowed for a meal or meals between the time on which he first started work on that day to the time on which he last finished work on that day.

• (3) ( a ) The normal hours of work of a worker of 16 years of age or over shall not exceed 40 hours in any week and any time worked in excess of the normal hours shall be overtime and shall be paid for at overtime rates.

( b ) Except in the Christmas period, not more than 5 hours overtime may be worked in any week nor more than 15 hours overtime in any period of four consecutive weeks.

• (4) Except in the Christmas period, a worker shall not be permitted to work—

( a ) after 2 p.m. on one day of the week;

( b ) after 8 p.m. on any three other days of the week;

( c ) after 6 p.m. on any of the other days of the week.

SECTION 6.—*Christmas Period—Special Provisions*

• (1) The "Christmas Period" means the period beginning on 11th December, and ending on 24th December.

• (2) During the Christmas period a worker may work not more than ten hours in excess of the permitted or normal hours of work, provided that:

• (a) he shall be paid overtime rates for all such excess time;

• (b) he shall not be permitted to work after 10 p.m. on any day.

SECTION 7.—*Overtime Rates and Rates for Sundays and Public Holidays*

• (1) For the purpose of this Section, the "hourly rate" means—

( a ) in the case of a daily worker, the appropriate hourly wage set out in Section 4,

( b ) in the case of any other worker, the appropriate weekly rate set out in Section 3 divided by 40.

• (2) The minimum overtime rates shall be time-and-a-half.

• (3) For all time worked on a Sunday a worker shall be paid not less than twice the hourly rate subject to a minimum payment for two hours.

• (4) Workers who qualify for payment under the Holidays (Employees) Act, 1973 , shall be paid for all time worked on a public holiday at a rate of not less than three times the normal rate, subject to a minimum payment for two hours or at a rate of not less than twice the normal rate plus one day in lieu, subject to the provision that such workers will be remunerated at not less than that provided by the Holidays (Employees) Act, 1973 .

SECTION 8.—*Annual Holidays*

Those workers who do not have 20 days paid leave shall be entitled to a total of 20 days paid leave, in the holiday year 1985. The entitlement to these additional days(s) shall be based on the provisions of the Holidays (Employees) Act, 1973 .

SECTION 9.—*Meal Intervals*

• (1) A worker over 15 years shall not be permitted to work for a longer period than five hours without being allowed a meal interval of not less than half an hours duration. A worker aged 14 must be allowed an interval of half an hour after 4 hours work.

• (2) If a worker is required to work before noon and after 2 p. m. on any day he shall be allowed a meal interval of not less than 1¼ hour's duration beginning between those hours.

• (3) If a worker is required to work before 5 p. m. and after 7 p. m. he shall be allowed a meal interval of not less than half an hour's duration beginning between those hours.

SECTION 10.—*Protective Clothing*

The employer shall make available to the worker outer clothing adequate to give protection against wet weather. These articles shall remain the property of the employer and it shall be the duty of the worker to take reasonable care of them.

SECTION 11.—*Maximum Loads*

• (1) The maximum load which may be transported by a worker shall be:—

( a ) Transport by bicycle or tricycle (other than a box carrier)—

60 lbs. (or the metric equivalent) if the worker is under 16 years of age;

80 lbs. (or the metric equivalent) if the worker is 16 years of age and over;

( b ) Transport by box-carrier—56 lbs. (or the metric equivalent);

( c ) Transport by handcart or barrow 112 lbs. (or the metric equivalent);

( d ) Transport by hand (except in the operations of loading and unloading) —28 lbs. (or the metric equivalent).

• (2) A load transported by bicycle, tricycle, box-carrier, hand-cart or barrow shall be so loaded as not to obstruct the view of the worker or his control of the vehicle.

SECTION 12.—*Maintenance and Care of Vehicles*

• (1) The employer shall ensure that a vehicle to be used by a worker is maintained in good mechanical order.

• (2) The worker shall take proper care of any vehicle used by him and shall bring to the notice of the employer any defect of which he becomes aware.

SECTION 13. — *Identification of Vehicles*

The name and address of the employer shall be displayed on bicycles, tricycles, box-carriers, hand-carts and barrows, in letters and figures at least one inch in height and clearly legible.

SECTION 14. — *Absence Without Leave*

If a worker absents himself from work without leave for any day or portion of a day, the employer shall have the right to deduct from the worker's remuneration a sum equivalent to the pay for such time as missed on the basis pro rata to the worker's normal working week.

GIVEN under the Official Seal of the Labour Court this 11th day

of January, 1985.

• (Signed) P. LYNCH.

A person authorised under section 18 of the Industrial Relations Act, 1946 to authenticate the Seal of the Court.

EXPLANATORY NOTE.

This Instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 21st January, 1985 for Messengers employed in Dublin City and Dún Laoghaire. It is made by the Labour Court on the recommendation of the Messengers (Dublin City and Dún Laoghaire) Joint Labour Committee.