S.I. No. 362/1978 - Employment Regulation Order (Messengers (Limerick City) Joint Labour Committee), 1978.

S.I. No. 362 of 1978.

EMPLOYMENT REGULATION ORDER (MESSENGERS (LIMERICK CITY) 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 an Employment Regulation Order dated the 21st November, 1977 ( S.I. No. 347 of 1977 ) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the statutory conditions of employment of workers in relation to whom the Messengers (Limerick City) 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 (Limerick City) 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 the 2nd January, 1979 and as from that date the said Order shall be revoked.

SCHEDULE.

SECTION 1.

Workers to whom this Schedule applies.

Workers fifteen years of age and upwards but under nineteen years of age who are engaged wholly or mainly in the collection or delivery of goods or messages outside the employer's place of business and who are employed by persons whose place of business is situated in the area of the County Borough of Limerick.

Excluding:

( a ) Workers who are engaged as drivers of mechanically propelled or animal drawn vehicles;

( b ) Workers to whom an Employment Regulation Order giving effect to proposals submitted by another Joint Labour Committee for the time being applies:

( c ) Workers to whom a Registered Employment Agreement for the time being applies.

Minimum Wages.

SECTION 2.

( a ) 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:

Age of Worker	Minimum Weekly Wage From Date of Order
	£
15 years but under 16 years	22.46
16 years but under 17 years	25.67
17 years but under 18 years	28.88
18 years but under 19 years	32.09

( b ) 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 in the following table as appropriate to his age.

Age of Worker	Minimum Hourly Rate From Date of Order
	p
15 years but under 16 years	57.52
16 years but under 17 years	65.33
17 years but under 18 years	78.60
18 years but under 19 years	87.18

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 follows:

		Normal Hours
(a)	Workers over 16 years of age in any week not exceeding	40 hours
	On four days in each week not exceeding	8 hours
	On one day in each week not exceeding	9 hours
	On the short day in each week	5 hours

For 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 , (in any week 45 hours, in any four-week period 172 hours, in any year 2,000 hours).

		Normal Hrs.	Maximum Hrs.
(b)	Workers between 15 and 16 years of age
	In any week not exceeding	37½ hrs.	40 hrs.
	On any day not exceeding	8 hrs.	8 hrs.

SECTION 4.

Overtime Rates.

The minimum rates for overtime to apply in respect of hours worked by workers in excess of the declared normal number of hours of work shall be as follows:

( a ) For the first two hours of overtime in any day in excess of the declared normal number of hours—Time and a quarter of the rate otherwise applicable.

( b ) For all overtime in excess of the first two hours—Time and a half of the rate otherwise applicable.

( c ) For all hours worked on Sundays and Customary Public or statutory Holidays—Twice the rate otherwise applicable i.e. Double Time.

SECTION 5.

Annual Holidays.

Workers in relation to whom the Committee operates qualify for annual leave under the terms of the Holidays (Employees) Act, 1973 .

SECTION 6.

Meal Intervals.

A worker shall not be permitted to work for a longer period than four hours without being allowed a meal interval of not less than one hour's duration.

SECTION 7.

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 8.

Maintenance and Care of Vehicles.

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

( b ) 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 9.

Identification of Vehicles.

The name and address of the employer shall be displayed on bicycles and tricycles in letters and figures at least one inch in height and clearly legible.

SECTION 10.

Maximum Loads.

The maximum loads which may be transported by a worker shall be:

( a ) Transport by bicycle or tricycle 60 lbs. if the worker is under 16 years of age and 80 lbs. if the worker is over 16 years of age.

( b ) A load transported by bicycle or tricycle shall be so loaded as not to obstruct the view of the worker or his control of the vehicle.

SECTION 11.

Deductions for absences.

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 workers' remuneration a sum equivalent to the pay for such time so missed on a basis pro rata to the worker's normal working week.

GIVEN under the Official Seal of the Labour Court this 20th day

of December, 1978.

(Signed) JAMES G. McCAULEY.

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 statutory minimum rates of pay and regulates statutory conditions of employment as from 2nd January, 1979 for messengers employed in Limerick City. It is made by the Labour Court on the recommendation of the Messengers (Limerick City) Joint Labour Committee.