S.I. No. 2/1999 - Employment Regulation Order (Provender Milling Joint Labour Committee), 1999

WHEREAS the Labour Court (hereinafter called “the Court”), pursuant to the provisions of the Industrial Relations Acts, 1946-1990, made an Employment Regulation Order (Provender Milling Joint Labour Committee) dated 10th June, 1998 ( S.I. No. 197 of 1998 ) (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 Provender Milling 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 Section 48 (4) of the Industrial Relations Act, 1990 , hereby Orders as follows:—

• (1) This Order may be cited as the Employment Regulation Order (Provender Milling Joint Labour Committee), 1999.

• (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 18th January, 1999 and as from that date the said Order shall be revoked.

SCHEDULE STATUTORY MINIMUM REMUNERATION AND CONDITIONS OF EMPLOYMENT

SECTION 1

Workers to Whom this Schedule Applies

Workers, other than carters and lorry drivers, employed in the manufacture for sale or on commission (including packing where such packing is carried on in conjunction with such manufacture) of animal feeding stuffs by any process whatsoever, including the grinding, cutting or flaking of cereals and the mixing of one substance with another substance, but excluding production merely by natural agencies or in the course of ordinary farm husbandry.

“Animal feeding stuff” means any article manufactured for use as food for horses, mules, jennets, asses, cattle, sheep, swine, goats or poultry, but does not include grass meal.

SECTION 2

Statutory Minimum Remuneration

All Workers

SECTION 3

Normal Working Hours

The normal number of hours to be worked by workers in relation to whom the Committee operates shall be as per the Programme for National Recovery, 1987 (i.e. a 39 hour week) subject to the provisions contained therein.

The maximum number of hours which may be worked by workers over 16 years and under 18 years shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1996 .

SECTION 4.

Overtime rates.

The minimum rates for overtime, which shall be calculated on a daily basis, to apply in respect of hours worked in excess of the normal number of hours of work, shall be as follows:—

• (a) For all time worked in excess of the normal number of hours of work, the overtime rate shall be one-and-a-half times the general minimum time-rate otherwise applicable, (£4.40x1.5) for full time adult employees, i.e. time-and-a-half except insofar as provided for under the provisions of paragraphs (b), (c) or (d) of this Section.

• (b) For all time worked on Sundays, the overtime rate shall be twice the general minimum time-rate otherwise applicable i.e. double time.

• (c) For all time worked on statutory public holidays (or customary public holidays substituted therefor) the overtime rate shall be twice the general minimum time-rate otherwise applicable i.e. double time, exclusive of the statutory entitlement under the Organisation of Working Time Act, 1997 .

• (d) Payment for working on the normal day off shall be at the rate of time-and-one-half for the first four hours from normal starting time and double time thereafter.

• (e) The calculation of overtime pay for shift workers shall be on an individual employee's consolidated rate of pay:— i.e. the personal basic rate inclusive of the shift premium.

SECTION 5.

Calculation of shift pay.

The shift premium shall be calculated on an individual employee's personal basic rate of pay, as distinct from the basic rate for the industry.

SECTION 6.

Annual leave.

Workers in relation to whom the Committee operates shall be entitled to a total of 20 days' paid leave per year until 31st March, 1999.

From 1st April, 1999, holiday entitlements shall be in accordance with the provisions of the Organisation of Working Time Act, 1997 .

SECTION 7.

Service pay.

Those workers who have been in continuous employment with the one employer to be granted service pay as follows:—

SECTION 8.

Sickness Benefit Scheme.

The following Sickness Benefit Scheme shall apply:—

• (1) Each employer will set up a scheme for his employees conforming to the terms set out below.

• (2) All employees who have completed six months' service shall be included in the scheme.

• (3) The following benefit shall be payable for up to a maximum of 18 weeks in any calendar year, in the case of illness medically certified and notified to the Company within the first three days of absence — up to £6 per week subject to the sum of all benefits, i.e. both State and Company benefits, not exceeding the individual employee's personal basic rate of weekly pay.

• (4) The employee's contribution shall be a maximum of 10p per week. The employer's contribution shall be twice that amount or such appropriate amount in the first twelve months of operation as shall guarantee the benefit set out above.

• (5) The operation of the scheme may be reviewed on an annual basis and such review shall have regard to the financial aspects of the scheme.

SECTION 9.

Pension and Mortality Scheme.

• (1) Full pension will be 50 per cent of final pensionable salary. Full pension to be earned at age 65 providing the employee has completed 30 years' continuous service. Provision for early retirement will be made in accordance with actuarial procedures.

• (2) Death benefit of an amount equivalent to 1½ years' salary shall be provided for dependants on the death of a member in service before the age of 65.

• (3) All full-time permanent employees who are aged less than 55 years and have passed their 24th birthday and who have completed 3 years' continuous service are eligible for membership of the scheme.

• (4) Pensions will be guaranteed for 5 years from date of actual retirement.

• (5) Continuous service with an employer since the date of last entering the employment shall be recognised for pension purposes, subject to the provisions of paragraph (3) above.

• (6) Employees who are 55 years of age or more and who retire through ill-health or redundancy will receive a pension which will be calculated as follows:

• (7) In the circumstance where employment continues beyond normal pension date, i.e. 65 years the deferred pension payable on eventual retirement will be actuarially increased.

• (8) Employees who are aged 55 years or over at 1st January, 1975 need not be included in an insured pension scheme. However, they will receive, on retirement at normal pension date, retirement benefits not less than those which would derive from such a scheme. Such benefits will be guaranteed for five years or life, whichever is the longer, subject to the Company remaining in existence.

• (9) Pensionable salary shall be the basic rate of employee less amount equivalent to twice the basic Social Welfare pension at the single person's rate. Final pensionable salary shall be the base rate obtaining at the 1st January, of the year of retirement.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Instrument fixes with effect from 18th January, 1999 statutory minimum rates of remuneration and regulates statutory conditions of employment for workers employed in the Provender Milling Industry. It is made by the Labour Court on the recommendation of the Provender Milling Joint Labour Committee.

NOTE: Enquiries should be directed to The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Telephone 01-6608444, Extension Nos. 301, 303 and 304. “Lo-Call” number (if calling from outside (01) area) 1890 220228).