S.I. No. 123/1995 - Employment Regulation Order (Retail Grocery and Allied Trades Joint Labour Committee), 1995.

S.I. No. 123 of 1995.

EMPLOYMENT REGULATION ORDER (RETAIL GROCERY AND ALLIED TRADES JOINT LABOUR COMMITTEE), 1995.

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 (Retail Grocery and Allied Trades Joint Labour Committee), 1993 dated 7th June, 1994 ( S.I. No. 163 of 1994 ) (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 Retail Grocery and Allied Trades 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 proposals set out in the Schedule hereto for fixing the statutory remuneration and regulating the 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 (Retail Grocery and Allied Trades Joint Labour Committee), 1995.

(2) Effect is hereby given to the proposals set out in the Schedule hereto.

Note: Enquiries should be directed to The Secretary, Joint Labour Committees Section, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Telephone 6608444 Extension Nos. 301, 303 and 304).

(3) The provisions set out in the Schedule hereto shall have effect as from 7th June, 1995.

SCHEDULE.

PART I.

Workers to whom this schedule applies.

1. All workers employed anywhere throughout the State in any undertaking or any branch or department of an undertaking being an undertaking, branch or department engaged wholly or mainly in the retail grocery and allied trades and who are engaged on any of the following duties, that is to say:

( a ) operations in or about the shop or other place where the sale by retail aforesaid is carried on being operations for the purpose of such sale or otherwise in connection with such sale;

( b ) clerical or other office work carried on in conjunction with the sale by retail aforesaid and relating to such sale or to any of the operations in (a) of this sub-paragraph,

But excluding

(1) independent off-licences and shops exclusively for the sale of bread and flour confectionery;

(2) beef butchers and apprentice beef butchers;

(3) workers to whom another Employment Regulation Order made as a result of proposals received from another Joint Labour Committee applies;

(4) workers affected by an Employment Agreement, that is, an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union or workers and an employer or trade union of employers or made at a meeting of a registered Joint Industrial Council between members of the Council representative of workers and members of the Council representative of employers, provided that the remuneration and conditions of employment are not less favourable than those set out in the Employment Regulation Order made as a result of proposals received from the Joint Labour Committee for the Retail Grocery and Allied Trades;

(5) workers to whom a negotiated employment agreement applies provided that the remuneration and conditions of employment provided for in the registered employment agreement are not less favourable than those provided for in the regulation order made as a result of proposals received from the Joint Labour Committee for the Retail Grocery and Allied Trades;

(6) Managers, Assistant Managers and Trainee Managers.

2. For the purposes of this schedule "the retail grocery and allied trades" consist of the sale by retail of:

( a ) bacon, ham, pressed beef, sausages, or meat so treated as to be fit for human consumption without further preparation or cooking but does not include the sale by retail of other meat;

( b ) all other food (including bread or flour confectionery, articles of sugar confectionery and chocolate confectionery and ice cream) or drink for human consumption other than for immediate consumption on the premises at which the sale is effected;

( c ) tobacco, cigars, cigarettes, snuff and smokers' requisites.

3. For the purpose of this schedule:—

( a ) in determining the extent to which an undertaking or branch or department of an undertaking is engaged in a trade or group of trades, regard shall be had to the time spent in the undertaking, branch or department on work in those trades;

( b ) an undertaking or branch or department of an undertaking which is engaged in any operation in a trade or group of trades shall be treated as engaged in those trades.

PART II

Definition of job classes and statutory minimum rates of remuneration per week/per hour.

1. Classes of workers.

( a ) General Sales Assistant.

A worker who is wholly or mainly engaged in one or a combination of the following duties; serving customers, accepting payment for goods, operating a cash register system, receiving checking and stocking merchandise, stock taking, stock listing, stock checking and price checking, preparation of food for subsequent sale, packing stock, displaying stock, pricing stock, rotating stock and merchandising stock.

( b ) General Ancillary Worker.

A worker whose duties are confined to the following collection, distribution, control of shopping trolleys and baskets, packing of customer's purchases, tidying, sweeping and cleaning etc.

( c ) Clerical Worker.

A person wholly or mainly engaged in clerical or other office work carried out in establishments covered by the Employment Regulation Order.

( d ) Posts of Responsibility.

A person is designated to be the holder of a Post of Responsibility if he/she has been designated by the employer to be responsible for the work of other staff or for the operation of a shop or of a department within a premises as defined within the Establishment Order.

2. Statutory Minimum rates of remuneration.

Note: Incremental movement up the scale shall apply when the pro-rata worker (part-time sales and clerical staff) has worked the equivalent of the annual hours of a full-time worker, subject to a guarantee that it shall take no longer than two years to achieve one incremental movement.

PART III.

Statutory Conditions of Employment.

Section 1.

Normal Working Hours.

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

The maximum number of hours which may be worked by workers over 16 years and under 18 years shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 (i.e. 45 hours).

Any change in normal rostered hours will be notified one week in advance.

Section II.

Overtime Rates.

Overtime rates to apply as follows:

Up to Midnight — Time and a half (Monday Saturday).

Midnight to 7.00 am.-Double time.

Sunday as overtime-Double time.

Public holiday as overtime-Double time.

Full time workers required to work in excess of their daily rostered hours shall be paid the appropriate overtime rate. (Time off in lieu may apply by agreement).

Section III.

Unsocial Hours (Time worked as part of roster).

Section IV.

Holidays.

Those workers who do not have 17 days paid leave shall be entitled to a total of 17 days paid leave in the holiday year 1992 and 20 days paid leave in the holiday year 1993 and thereafter.

The entitlement to these additional days shall be based on the provisions of the Holidays (Employees) Act, 1973 . Those who do not meet the qualifying conditions under this Act will be covered by the Worker Protection (Part-time Employees) Act, 1991.

The Holidays (Employees) Act, 1973 also provides entitlements to nine public holidays as follows:- Christmas Day, St. Stephen's Day, New Year's Day, St. Patrick's Day, Easter Monday, First Monday in May, First Monday in June, First Monday in August and Last Monday in October.

Section V.

Breaks.

No worker shall be required to work continuously for more than 4½ hours without a break of at least 15 minutes exclusive of main meal breaks.

Section VI.

Certificate of Service.

A certificate of service shall be given on request by employers when a worker is leaving but it is recognised that there will be no compulsion on a future employer to give incremental credit for this service.

Section VII.

Sick Pay Scheme.

1. The Sick Pay Scheme will be a non-contributory scheme.

2. Employees only become entitled to coverage under the Sick Pay Scheme after 2 years service.

3. No payment will be made for the first 3 days of any absence.

4. The employer is to be contacted within 1½ hours of the employees normal starting time on the first day of absence.

5. A doctor's certificate signed by a medical practitioner is required on the third day of absence specifying the nature of the illness and weekly thereafter.

6. The Scheme will be a 12 month calendar based one with no transfer of benefit from one year to the next.

7. The Scheme will apply to full time staff and pro-rata staff who work in excess of 18 hours per week. The Scheme will not apply to ancillary workers.

8. Under the Scheme full time workers will be entitled to 3 weeks basic pay and pro-rata to 2 weeks basic pay.

9. Any employee found to be abusing the Sick Pay Scheme will be subject to the full disciplinary procedures up to and including dismissal.

10. The employer will reserve the right to refer an employee for an assessment by the Company doctor. The cost of the referral will be met by the employer.

11. The Sick Pay Scheme will not cover absences relating to the following:

—Traffic accident(s)

—Substance abuse

—Dangerous sports (i.e. Martial Arts, mountaineering, skiing, parachuting, flying as a hobby, hang-gliding)

—Injuries sustained while working for another employer.

12. Entitlements under the Sick Pay Scheme would be applied on the following basis:

For part-time staff

After 2 years service: 2 weeks basic pay less social welfare,

(Pay will be based on average of preceding 13 weeks worked for part-time staff.)

For full-time staff

After 2 years service: 3 weeks basic pay less social welfare for full-time staff.

Payments will only be made when absence is medically certified.

It will be the responsibility of the employee to claim social welfare entitlements while on sick leave.

GIVEN under the Official Seal of the Labour Court, this 15th day of May, 1995.

(Signed) EVELYN OWENS,

Chairman.

EXPLANATORY NOTE.

This Instrument fixes minimum rates of pay and regulates statutory conditions of employment as from 7th June, 1995 for workers employed in the Retail Grocery and Allied Trades. It is made by the Labour Court on the Recommendation of the Retail Grocery and Allied Trades Joint Labour Committee.