S.I. No. 131/1991 - Employment Regulation Order (Law Clerks Joint Labour Committee), 1991.

S.I. No. 131 of 1991.

EMPLOYMENT REGULATION ORDER (LAW CLERKS JOINT LABOUR COMMITTEE), 1991.

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 (Law Clerks Joint Labour Committee) 1990 dated 2nd March, 1990 ( S.I. No. 57 of 1990 ) (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 Law Clerks Joint Labour Committee (hereinafter called "the Committee") operates;

AND WHEREAS the Committee has submitted to the Court or 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 or 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 (hereinafter called the 1990 Act) have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 48 of the 1990 Act hereby orders as follows:—

(1) This Order may be cited as the Employment Regulation Order (Law Clerks Joint Labour Committee), 1991.

(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 10th June, 1991 and as from that date the said Order shall be revoked.

Note: Enquiries should be addressed to the Joint Labour Committees Section, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4. (Phone 608444, Extension Nos. 301, 303 and 304).

SCHEDULE

PART I

STATUTORY MINIMUM REMUNERATION

FOR WORKERS EMPLOYED IN ALL AREAS

From Effective Date of Order (i.e. 10/6/91)

		Per Week
		£
Section 1	Managing Clerk
	A Managing Clerk is a legal assistant (not being a Solicitor) who is fully experienced in all branches of a 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.	208.21
Section II	Conveyancing Clerk/Cost Clerk
	1st year of employment ... ...	173.32
	2nd year of employment ... ...	180.31
	3rd year of employment ... ...	184.94
	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	103.80
	Second six months of employment	109.81
	2nd year of employment ... ...	115.81
	3rd year of employment ... ...	121.80
	4th year of employment ... ...	128.14
	5th year of employment ... ...	138.00
	6th year of employment ... ...	144.16
	7th year of employment ... ...	150.32
	8th year of employment ... ...	159.35
	9th year of employment ... ...	166.34
	10th year of employment ... ...	173.32
	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 book-keeper and who is wholly or mainly engaged on clerical or book-keeping duties.
Section IV	Shorthand Typist/Typist
	First six months of employment	103.80
	Second six months of employment	109.81
	2nd year of employment ... ...	115.81
	3rd year of employment ... ...	121.80
	4th year of employment ... ...	127.73
	5th year of employment ... ...	133.89
	6th year of employment ... ...	140.08
	7th year of employment ... ...	146.20
	8th year of employment ... ...	152.43
	9th year of employment ... ...	159.35
	A Shorthand Typist or 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, despatch 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 ... ...	99.86
	2nd year of employment ... ...	105.85
	3rd year of employment ... ...	111.82
	A Messenger is a person wholly or mainly engaged in post work, collection and delivery.

N.B. It should be noted that the scales as specified in the Order apply, having regard to previous employment experience in a Solicitor's Office and whether or not there has been a break in service due to domestic situations or otherwise.

SECTION VI

OVERTIME RATES

The minimum hourly rates for all hour 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 approporate 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	37½hrs.	40hrs.

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 provided however that those workers who do not have 20 days paid leave shall be entitled to a total of 20 days paid leave in the holiday year 1983 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 30th day of May, 1991.

KEVIN HEFFERNAN,

Chairman.

EXPLANATORY NOTE

This Instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from the 10th June, 1991 for certain workers employed in Solicitors' Offices. It is made by the Labour Court on the recommendation of Law Clerks Joint Labour Committee.