S.I. No. 235/1978 - Employment Regulation Order (Provender Milling Joint Labour Committee), 1978.

S.I. No. 235 of 1978.

EMPLOYMENT REGULATION ORDER (PROVENDER MILLING JOINT LABOUR COMMITTEE), 1978.

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 Regulation Order No. 2 (Provender Milling Joint Labour Committee), 1977 dated 14th November, 1977 ( S.I. No. 340 of 1977 ) 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 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 the Employment Regulation Order (Provender Milling Joint Labour Committee), 1978.

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 28th August, 1978, 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.—ZONES.

In this Schedule—

ZONE A means the County Boroughs of Dublin, Cork, Limerick and Waterford.

ZONE B means all other areas.

Section 3.—STATUTORY MINIMUM REMUNERATION.

Hourly Rate—The hourly rate shall be ascertained by dividing the appropriate weekly wage by 40.

Section 4.—NORMAL WORKING HOURS.

The normal number of hours to be worked by workers in relation to whom the Committee operates shall be as follows:—

Workers over 16 years and under 18 years: the maximum number of hours which may be worked shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 .

Section 5.—OVERTIME RATES.

The minimum rates for overtime, which shall be calculated on a daily basis, to apply in respect of hours worked by male and female workers 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 on-and-a-half times the general minimum time-rate otherwise applicable, i.e. time-and-a-half, except in so far as provided for under the provisions of paragraph (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 Holidays (Employees) Act, 1973 .

( 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 employees consolidated rate of pay:—i.e. his personal basic rate inclusive of the shift premium.

Section 6.— CALCULATION OF SHIFT PAY.

The Shift Premium be calculated on an individual employee's personal basic rate of pay as distinct from the basic rate for the industry.

Section 7.—HOLIDAYS AND HOLIDAY REMUNERATION.

Annual holidays shall be in accordance with the Holidays (Employees) Act, 1973 .

Section 8.—SERVICE PAY.

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

Section 9.—SICKNESS BENEFIT SCHEME.

With effect from date of publication of the Employment Regulation Order, the following Sickness Benefit Scheme shall be operable:—

(1) Each employer will set up a scheme for his own 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 10.—PENSION AND MORTALITY SCHEME.

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

(2) The scheme will be non-contributory.

(3) Normal pension date for pension scheme members shall be 65th birthday in the case of all employees. In normal circumstances retirement shall take place from normal pension date.

(4) All full-time permanent employees who, at January 1, 1975 are aged less than 55 years but who have passed their 24th birthday and who have completed 3 years continuous service shall be included in the pension scheme.

(5) On retirement at normal retirement age employees who have completed 30 years continuous service with the employer from the date of last entering the employment shall receive a pension of £7 per week. For continuous service of less than 30 years the scale of benefit on retirement at normal retirement age shall be 23.34p per year of service.

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

(7) 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 4 above.

(8) 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:—

N = total prospective service to normal retirement date (maximum 30 years).

P = prospective pension the employee would have received at normal retirement date if the employee worked to that date.

(9) In the circumstances where employment continues beyond normal pension date i.e. 65 years the deferred pension payable on eventual retirement will be actuarily increased.

(10) Employees who are aged 55 years or over at January 1, 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.

(11) An employee who voluntarily leaves employment before normal pension date or who is dismissed for any reason of misconduct will forfeit any benefit from the scheme.

(12) A mortality benefit of £2,000 will be provided in the case of all eligible employees (as defined in paragraph 4 above) in the event of death in service before normal pension date, provided the employer can arrange insurance cover from a life office at normal terms.

If an individual employer can arrange insurance cover from a life office at normal terms then the employer may include, for the purposes of mortality benefit, employees (in respect of whom such cover can be obtained) over 55 years of age and who have not reached normal pension date.

Cover for mortality benefit shall cease at normal retirement date.

(13) The benefits of this pension and mortality benefit scheme will be inclusive of the benefits of any existing formal pension retirement and death benefit schemes.

Note— The provisions relating to the Sickness Benefit Scheme and the Pension and Mortality Scheme would not have effect where it can be shown that taken as a whole the existing arrangement in operation in any particular company is as good as or better than the proposals herein mentioned.

GIVEN under the Official Seal of the Labour Court this 23rd day of August, 1978.

COLM COYNE.

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

EXPLANATORY NOTE.

This Instrument regulates statutory conditions of employment as from 28th August, 1978 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.