S.I. No. 255/1999 - Employment Regulation Order (Agricultural Workers Joint Labour Committee), 1999.

WHEREAS the Labour Court (hereinafter called ‘the Court’) pursuant to the provisions of the Industrial Relations Acts, 1946-1990, made an Employment Regulation Order dated 30th June, 1998 ( S.I. No. 221 of 1998 ) (hereinafter called ‘the said Order”), fixing the statutory minimum remuneration and regulating the statutory conditions of employment of workers in relation to whom the Agricultural Workers 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 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 48 of the Industrial Relations Act, 1990 have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 43 (4) of the Industrial Relations Act, 1946 and Section 48 (4) of the Industrial Relations Act, 1990 hereby orders as follows:—

1. This Order may be cited as the Employment Regulation Order (Agricultural Workers Joint Labour Committee), 1999.

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 17th August, 1999 and as from that date the said Order shall be revoked.

NOTE: Enquiries should be addressed to the Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Telephone 01-6136666, Extension Nos. 6639, 6640 and 6641. “Lo-Call” number (if calling from outside (01) area) 1890 220 228).

SCHEDULE

PART I

Statutory Minimum Remuneration and Conditions of Employment of Agricultural Workers

Section 1 — Minimum time-rates other than those provided at Section 2.

Age of Worker			From 17th August, 1999
			Per Week	Per Hour
			£	£
19 years and over	...	...	161.27	4.14
18 to 19 years	...	...	137.06	3.51
17 to 18 years	...	...	120.95	3.10
16 to 17 years	...	...	104.80	2.69
15 to 16 years	...	...	88.68	2.27

Section 2 — Minimum time-rates applicable in respect of work done under a contract of employment for a definite period of five months or longer.

Per Month

Age of Worker					From 17th August, 1999
					£
19 years and over	...	...	...	...	699.90
18 to 19 years	...	...	...	...	594.85
17 to 18 years	...	...	...	...	524.86
16 to 17 years	...	...	...	...	458.88

PART II

Normal Working Week

1. Working Hours

The normal number of hours to be worked by workers in relation to whom the Committee operates shall be 39 hours per week.

In relation to workers under the age of 18, the provisions of the Protection of Young Persons (Employment) Act, 1996 shall apply.

The 39 hour week may be implemented in any one of the following ways, depending on the needs of the business:—

(a) a 39 hour week year round.

(b) 38 hours for 6 consecutive months.

40 hours for 6 consecutive months.

(The months to be agreed at local level).

40 hours for 9 consecutive months.

(The months to be agreed at local level).

Weekly pay for normal hours should not differ as a result of the above arrangements, but should be paid as though the 39 hour week was worked year round.

Overtime rates shall be payable in respect of all time worked in any week in excess of the declared normal number of hours of work for that week.

Where hours of work (including overtime) exceed 48 hours per week, the total number of hours worked in any 7 day period must not exceed 48, averaged over a period of six months. The months of the averaging period must be consecutive, but the employer may choose which six months they will be.

2. Workers on the Monthly Rate

The monthly rate of payment shall cover all time worked in the month, exclusive of time worked after 1.00 p.m. on the short day, time worked on Sunday and time worked on Public Holidays. For workers for whom the statutory minimum rate is a rate per month, all time worked after 1.00 p.m. on the short day, and all time worked on Sundays and Public Holidays shall be overtime, to which the overtime rates in Section 5 hereof shall apply.

3. Short Day

Only a half day shall be worked on Saturdays unless the contract of employment provides otherwise, or 24 hours notice of a requirement to work after 1.00 p.m. on Saturday, is given to the worker by the employer.

4. Rest Periods

The rest periods specified for workers in Sections 11, 12 and 13 of the Organisation of Working Time Act shall not apply to agricultural workers. Employers shall ensure that agricultural workers employed by them have equivalent compensatory rest periods and breaks available to them in accordance with the guidelines set out in the Code of Practice on Compensatory Rest Periods (S.I. 44 of 1998).

5. Overtime Rates

(a) Overtime applies after normal hours have been worked.

(b) For all time worked in excess of the normal hours of work on any day other than Sunday, and including after 1.00 p.m. on the short day, the minimum time-rate is time and one-third.

(d) For all time worked on Sundays, the minimum time-rate is time and two-thirds.

(e) For workers for whom the statutory minimum rate of pay is a rate per month, the overtime shall be calculated on the basis of a rate equivalent to the minimum time-rate applicable to a worker of corresponding age for whom the minimum rate is either a rate per week or a rate per hour, and in respect of time worked other than on Sunday shall be time and one-third, and in respect of time worked on Sunday shall be time and two-thirds.

PART III

Benefits or Advantages

Section 1

Where any agricultural employer provides any agricultural worker in his employment with all or any of the benefits or advantages specified at Section 2 below, such benefits or advantages shall, for the purpose of computing the remuneration paid to such worker, be reckoned as payment of wages in lieu of cash, and the value at which any such benefit or advantage so provided is to be reckoned shall be as set out in the said Secton 2.

Section 2

Benefits or advantages and value at which they are to be reckoned as payment of wages in lieu of cash.

From 17th August, 1999

Benefits or advantages	Workers aged 19 years and over	Workers aged 18 years and under 19	Workers aged 17 years and under 18	Workers aged 16 years and under 17	Workers aged 15 years and under 16
	£	£	£	£	£
(i) Board and Lodging per day	7.12	6.25	5.60	4.80	4.24
Board per day	6.51	5.65	4.98	4.18	3.64
Breakfast per day	1.31	1.05	1.00	0.80	0.67
Dinner per day	3.26	2.91	2.57	2.19	1.92
Afternoon tea per day	0.62	0.61	0.41	0.38	0.37
Supper per day	1.31	1.06	0.98	0.80	0.66
Lodging per day	0.62	0.62	0.62	0.62	0.62
(ii) House or Cottage without garden or with a garden not exceeding one statute rood: per week	1.98	1.98	1.98	1.98	1.98
(iii) Fresh Milk per gallon	1.98	1.98	1.98	1.98	1.98

PART IV

Holidays

1. Definitions

“Wet-time” means all absences from work due to inclement weather where the employee is not paid full wages.

“Leave year” means a year beginning on 1st April in any year.

2. Annual Leave

Leave year 1st April, 1999 to 31st March, 2000 and thereafter From 1st April, 1999 depending on time worked, workers in relation to whom the Committee operates shall be entitled to holidays calculated by one of the following methods:—

(a) 4 working weeks in the leave year in which the worker works at least 1,365 hours (unless it is a leave year in which the worker changed employment);

(b) 1/3 of a working week per calendar month that the worker works at least 117 hours;

3. Entitlement to Public Holidays

Workers in relation to whom the Committee operates are entitled to public holiday benefit in accordance with the provisions of the Organisation of Working Time Act, 1997 . Part-time and short-time workers must have worked for at least 40 hours in the 5 weeks before the public holiday to qualify for public holiday benefit.

4. General

(a) For the purposes of computing holiday remuneration, no deductions shall be made for benefits provided by the employer but not enjoyed by the worker whilst on annual leave.

(b) A day which would be regarded as a day of annual leave shall, if the worker concerned is ill on that day and furnishes to the employer a medical certificate in respect of the illness, not be regarded as a day of annual leave.

(d) When ascertaining whether a period is equivalent to two working weeks, the fact that a day is a public holiday or a day of illness shall be disregarded.

(e) A worker shall be regarded as having worked on a day of annual leave the hours he would have worked on that day had it not been a day of annual leave.

(f) For the purpose of calculating holiday entitlements, wet-time shall be deemed to be hours worked up to a maximum of 480 hours in the leave year or 40 hours in a month.

5. Leave and Holiday Entitlements of Short-term and Part-time Workers

Entitlement to leave and public holidays for short-term and part-time workers shall be calculated in the same manner as in paragraphs 2 and 3 herein above.

Wet-time shall be deemed to be hours worked up to a maximum of 50 hours in the leave year.

6. Cesser Pay

Where a worker ceases to be employed and the whole or any portion of annual leave remains to be granted to him, the worker shall be paid an amount equal to the pay that he would have received if he had been granted that leave.

PART V

Sick Pay Scheme

1. All agricultural workers having a minimum of one year's service with their current employer shall be covered by a Sick Pay Scheme which entitles them to payment during absences due to illness. Such Scheme shall be provided by the employer, and shall be non-contributory.

2. No payment shall be made in respect of the first 3 days of any absence on sick leave. For entitlement to payment, a certificate signed by a medical practitioner must be produced by the third day of any absence on sick leave, specifying the nature of the illness. Certificates must be produced weekly thereafter for continuance of entitlement to sick pay.

3. It will be the worker's duty to ensure that the employer is informed of his absence from work due to illness before normal starting time on the first day of absence.

4. Entitlement to benefit under the Scheme will apply only during a 12 month period in any Scheme year, and will not carry over from one year to another.

5. Entitlement to benefit under the Scheme will apply to full-time staff, and pro rata to part-time staff working in excess of 18 hours per week as follows:—

Full-time Staff
After one year's service.	3 week's pay at appropriate Employment Regulation Order rates less Social Welfare entitlement.
Part-time Staff
After one year's service.	2 weeks’ pay at appropriate Employment Regulation Order rates less Social Welfare entitlement.

6. Disciplinary procedures may be applied to any worker found to have abused the Scheme.

7. The employer will be entitled to refer a worker for assessment by a doctor nominated by the employer. The cost of any such referral will be paid by the employer.

8. The worker will be responsible for claiming his/her Social Welfare entitlements while on sick leave, and for paying over such payments to the employer. Monies not paid over within 6 weeks of receipt by the worker may be treated by the employer as payment of wages in advance.

PART VI

Workers to Whom this Order Applies

The minimum remuneration and conditions of employment set out in this Order shall apply, subject to the provisions of the Industrial Relations Acts 1946-1990, to all agricultural workers.

Workers employed in the mushroom growing industry and whose wages and conditions of employment are governed by a Registered Employment Agreement are excluded from the scope of this Order.

Grooms are included in the scope of this Order, except for those whose wages and conditions of employment are regulated by a Registered Employment Agreement.

For the purposes of this Order:

Agricultural Employer means a person who employs other persons as agricultural workers;

Agricultural Worker means a person employed under a contract of service or apprenticeship whose work under the contract is or includes work in agriculture, but does not mean a person whose work under such contract is mainly domestic service.

Agriculture means horticulture, the production of any consumable produce, which is grown for sale or for consumption or other use, dairy farming, poultry farming, the use of land as grazing, meadow or pasture land or orchard or osier land or woodland, or for market gardens, private gardens, nursery grounds or sports grounds, the caring for or the rearing or training of animals and any other incidental activities connected with agriculture.

	GIVEN under the Official Seal of the Labour Court, this 3rd day of August, 1999.
	FINBARR FLOOD,
	Chairman.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Statutory Instrument fixes with effect from 17th August, 1999 the statutory minimum rates of remuneration and regulates the conditions of employment for agricultural workers. It does not cover workers in the mushroom growing industry or grooms if they are already covered by the terms of a Registered Employment Agreement. It is made by the Labour Court on the recommendation of the Agricultural Workers Joint Labour Committee.