S.I. No. 109/1964 - Employment Regulation Order (Law Clerks Joint Labour Committee) 1964.

S.I. No. 109 of 1964.

EMPLOYMENT REGULATION ORDER (LAW CLERKS JOINT LABOUR COMMITTEE) 1964.

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 an Employment Regulation Order dated the 29th March, 1962 ( S.I. No. 54 of 1962 ) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the 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 minimum rates of remuneration and regulating the 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 (Law Clerks Joint Labour Committee), 1964.

(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 the 11th day of May, 1964 and as from that date the said Order shall be revoked.

SCHEDULE

PART I

Section 1.—Minimum Rates of Remuneration for Managing Clerks.

A Managing Clerk is a legal assistant (not being a Solicitor) of not less than 10 years' experience who is fully experienced in all the branches of a Solicitor's work conducted in the Office in which he is employed and who is able to, and habitually does, conduct legal cases, including the interviewing of clients, in that Office without constant supervision and who is entrusted with the control of a staff of not less than three.

Section II.—Minimum Rates of Remuneration for Conveyancing Clerks.

A Conveyancing Clerk is a person who is wholly or mainly engaged in title work in all its branches, including the preparation of contracts, investigation of title, drawing and completion of conveyances, mortgages and other deeds.

Section III.—Minimum Rates of Remuneration for Costs Clerks.

A Costs Clerk is a person who is wholly or mainly engaged in the drawing and taxation of his employer's costs, and who is not remunerated on a commission basis by his employer.

Section IV.—Minimum Rates of Remuneration for General Law Clerks (Male) 17 Years of Age and Over.

A General Law Clerk (Male) is a person, other than a Managing Clerk, a Conveyancing Clerk, a Costs Clerk, A Shorthand Typist or a Typist, but who may be a Court Clerk or a Book-keeper, and who is wholly or mainly engaged on clerical duties.

Section V.—Minimum Rates of Remuneration for General Law Clerks (Female) 17 Years of Age and Over.

A General Law Clerk (Female) is a female person, other than a Managing Clerk, a Conveyancing Clerk, a Costs Clerk, a Shorthand Typist, a Typist or a Bookkeeper as defined elsewhere in this Part but who may be a Court Clerk and who is wholly or mainly engaged on and does perform the clerical duties which a General Law Clerk (Male) normally performs.

Section VI.—Minimum Rates of Remuneration for Shorthand-Typists, Typists and Book-Keepers (Female).

A Shorthand Typist, a Typist or a Book-keeper (Female) is a female person who is wholly or mainly employed on one or more of the following duties, viz., shorthand, typing, book-keeping, copying, scrivenery, filing, post work or telephone operation.

Section VI (a).—Assessment of Service.

A Shorthand Typist, Typist or Book-keeper (Female) who is upgraded to be a General Law Clerk (Female) shall for one year be remunerated on the Section VI scale at the end of which she shall be placed at the next higher salary point in the scale for General Law Clerks (Female).

Section VII.—Overtime Rates.

The minimum hourly rates for overtime shall be as follows :—

(i) For the first two hours of overtime—one-and-a-quarter times the hourly rate as defined in Section II, Part II below i.e., Time-and-a-quarter.

(ii) For all hours of overtime in excess of the first two hours—one-and-a-half times the hourly rate as defined in Section II, Part II below, i.e., time-and-a-half.

PART II

CONDITIONS OF EMPLOYMENT

The following conditions of employment shall apply to all workers referred to in Part I above.

Section I.—Normal Working Week : The normal working week shall not exceed 38 hours. Where the normal working hours prescribed by an employer are 38 or less in any week of not less than five working days, a worker who works the normal working hours so prescribed shall be entitled to the appropriate weekly wage set out in Part I.

Section II.—The Hourly Rate : For full time workers or for part-time workers the hourly rate shall be the appropriate weekly wage divided by 38.

Section III.—Meal Intervals : Meal intervals shall not be reckoned as time worked.

Section IV.—Overtime : All hours worked in excess of 38 in any week shall be overtime and shall be paid for at overtime rates as specified in Section VII, of Part I of this Order.

Section V.—Sundays and Public Holidays : All hours worked on a Sunday or on a statutory Public Holiday shall be paid for at twice the hourly rate as defined in Section II above, i.e., at Double Time.

Section VI.—Annual Holidays : Workers in relation to whom the Committee operates and who qualify for annual leave under the Holidays (Employees) Act, 1961 , shall be granted a period of fourteen consecutive days' holidays including two Sundays. Where a worker ceases to be employed by a particular employer before the end of his employment year and has not been allowed annual leave in respect of the period of that year during which he was so employed, the employer shall pay to him on the cesser of that employment one full day's pay for each month of that period during which he worked not less than 135 hours (120 hours in the case of workers under 18 years of age).

PART III

WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES

Clerical Workers and Messengers, whether whole time or part time, employed by Solicitors in connection with their professional work and by bodies corporate in their law departments under the direction of their law agents, including managing clerks, general law clerks, court clerks, costs clerks, typists, stenographers and book-keepers, but excluding Solicitors' Apprentices and Solicitors.

GIVEN under the Official Seal of the Labour Court this 7th day of May, 1964.

Signed D. MAC DIARMADA

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

EXPLANATORY NOTE.

This instrument fixes new minimum rates of pay as from the 11th May, 1964 for certain workers employed in Solicitors' offices. It is made by the Labour Court on the recommendation of the Law Clerks Joint Labour Committee.