S.I. No. 122/1981 - Employment Regulation Order (Law Clerks Joint Labour Committee), 1981.

S.I. No. 122 of 1981.

EMPLOYMENT REGULATION ORDER (LAW CLERKS JOINT LABOUR COMMITTEE), 1981.

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 15th May, 1980 ( S.I. No. 140 of 1980 ) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the statutory 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 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 (Law Clerks Joint Labour Committee), 1981.

(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 6th April, 1981 and as from that date the said Order shall be revoked.

Note: Enquiries should be directed to the Joint Labour Committees Section, The Labour Court, Mespil Road, Dublin 4. (Phone 765861 Extension Nos. 169 and 182)

SCHEDULE

PART I

STATUTORY MINIMUM REMUNERATION

For workers employed in all areas	Date of Order	From 1st September, 1981
	£	£
SECTION I—MANAGING CLERK
A managing Clerk is a legal assistant (not being a Solicitor) who is fully experienced in all branches of Solicitor's work conducted in the Office in which he/she is employed and who is able to, and habitually does, conduct legal cases, including the interviewing of clients, in that Office without constant supervision.	110.66	118.40
SECTION II—CONVEYANCING CLERK/COST CLERK
1st year of employment	91.76	98.18
2nd year of employment	95.54	102.22
3rd year of employment	98.05	104.91
A Conveyancing Clerk is a person who is wholly or mainly engaged in title work in all its branches, including the preparing of contracts, investigation of title, drawing and completion of conveyances, mortgages and other deeds.
A Cost 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/her employer.
SECTION III—GENERAL LAW CLERKS 17 YEARS OF AGE AND OVER
First six months of employment	52.69	56.37
Second six months of employment	56.16	60.09
2nd year of employment	59.64	63.81
3rd year of employment	63.11	67.52
4th year of employment	66.79	71.46
5th year of employment	72.34	77.40
6th year of employment	75.82	81.12
7th year of employment	79.28	84.82
8th year of employment	84.20	90.09
9th year of employment	87.98	94.13
10th year of employment	91.76	98.18
A General Law Clerk is a person other than a managing clerk, a conveyancing clerk, a cost clerk, a shorthand typist or a typist but who may be a Court Clerk or a Bookkeeper and who is wholly or mainly engaged on clerical or book-keeping duties.
SECTION IV—SHORTHAND TYPIST/TYPISTS
First six months of employment	52.69	56.37
Second six months of employment	56.16	60.09
2nd year of employment	59.64	63.81
3rd year of employment	63.11	67.52
4th year of employment	66.57	71.22
5th year of employment	70.04	74.94
6th year of employment	73.51	78.65
7th year of employment	76.97	82.35
8th year of employment	80.44	86.07
9th year of employment	84.20	90.09
A Shorthand Typist or a typist is a person who is wholly or mainly employed on one or more of the following duties: viz. shorthand, typing, dictaphone, reception, copying, scrivenery, filing, post work, dispatch and telephone operation.
Where a Shorthand Typist/Typist has been trained and is performing duties appropriate to a law clerk such person shall be paid the rate appropriate to a law clerk.
SECTION V—MESSENGER
1st year of employment	50.39	53.91
2nd year of employment	53.86	57.63
3rd year of employment	57.33	61.34
A messenger is a person wholly or mainly engaged in post work, collection and delivery.

SECTION VI—OVERTIME RATES

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

One-and-a-half times the hourly rates 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 one 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.

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

	Normal Hours
Workers over 16 years of age in any week not exceeding	38

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 .

	Normal Hours	Maximum Hours
Workers between 15 and 16 years of age in any week not exceeding	37½	40

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 the appropriate normal number of hours worked per week.

SECTION III—MEAL INTERVALS

Meal intervals shall not be reckoned as time worked.

SECTION IV—OVERTIME

All hours worked in excess of the normal hours in any week shall be overtime and shall be paid for at overtime rates as outlined in Section VI 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

Holidays shall be in accordance with the Holidays (Employees) Act, 1973 . Those workers who do not have 19 days paid leave shall be entitled to a total of 19 days paid leave in the holiday year 1981 and thereafter.

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, cost clerks, typists, stenographers and book-keepers, but excluding Solicitors' Apprentices and Solicitors.

GIVEN under the Official Seal of the Labour Court this 1st day of April, 1981,

(Signed) MICHAEL CORCORAN

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 the 6th April, 1981 for certain workers employed in Solicitors' Offices. It is made by the Labour Court on the recommendation of the Law Clerks Joint Labour Committee.