| |
STATUTORY RULES AND ORDERS. 1939. No. 6.
|
| |
AGRICULTURAL WAGES (MINIMUM RATES) ORDER, 1939.
|
| |
WHEREAS it is enacted by sub-section (1) of
Section 17
of the
Agricultural Wages Act, 1936
(No. 53 of 1936), that subject to the provisions of that section the Agricultural Wages Board shall, as soon as may be after the commencement of that Act and thereafter from time to time as they think proper, by order fix, in respect of each wages district, the minimum rates of wages for agricultural workers for time work, and may, if and so far as they think it necessary, fix, in respect of such district, the minimum rates of wages for agricultural workers for piece work:
|
| |
AND WHEREAS it is enacted by sub-section (2) of the said Section 17 that any minimum rates fixed by the Agricultural Wages Board in respect of a wages district may be so fixed as to apply universally to such district or to any special class of agricultural workers or to any special part of such district or to any special class in a special part, subject in each case to any exceptions which may be made for employment of any special character and so as to vary according as the employment is for a day, week, month, or other period, or according to the number of working hours or the conditions of the employment, or so as to provide for a differential rate in the case of overtime:
|
| |
AND WHEREAS in pursuance of the powers vested in him by sub-section (1) of Section 3 and sub-section (1) of Section 4 of the said Act, the Minister for Agriculture made an Order dated the 7th day of April, 1937, entitled the Agricultural Wages Districts and Areas Order, 1937 (Statutory Rules and Orders, No. 75 of 1937), whereby Saorstát Eireann was divided into agricultural wages districts and the said districts were grouped into agricultural wages areas for the purposes of the said Act:
|
| |
AND WHEREAS by virtue of the
Agricultural Wages Act, 1936
(Commencement) Order, 1937 (Statutory Rules and Orders, No. 82 of 1937), the said Act came into operation on the 22nd day of April, 1937:
|
| |
AND WHEREAS in pursuance of the powers vested in them by the said sub-section (1) of the said Section 17, the Agricultural Wages Board made an Order dated the 23rd day of May, 1938 (Statutory Rules and Orders, No. 150 of 1938) whereby minimum rates of wages were fixed in respect of all wages districts for the classes of agricultural workers mentioned in the Second and Third Schedules to such Order:
|
| |
AND WHEREAS in exercise of the powers vested in the Agricultural Wages Board by sub-section (4) of the said Section 17 and after having complied with the requirements of that section the Agricultural Wages Board made an Order on the 2nd day of January, 1939, entitled "The Agricultural Wages (Minimum Rates) (Revocation) Order, 1939 (Statutory Rules and Orders, No. 5 of 1939), to come into force on the 1st day of February, 1939, and as from that date to revoke the said Agricultural Wages (Minimum Rates) Order, 1938:
|
| |
AND WHEREAS in pursuance of the provisions contained in sub-section (6) of the said Section 17, the Agricultural Wages Board served notice of their intention to make this Order on the committees for each of the several agricultural wages areas which include the wages districts to which this Order relates, and two months have elapsed since the date of such service:
|
| |
NOW, the Agricultural Wages Board, in exercise of the powers conferred on them by
Section 17
of the
Agricultural Wages Act, 1936
(No. 53 of 1936), and of every and any other power them in this behalf enabling, do hereby order as follows:—
|
|
|
1 Citation
|
1.—(1) This Order may be cited as the Agricultural Wages (Minimum Rates) Order, 1939.
|
| |
(2) This Order shall come into operation on the 1st day of February, 1939.
|
|
|
2 Interpretation
|
2. The
Interpretation Act, 1937
(No. 38 of 1937), applies to this Order.
|
|
|
3 Definitions
|
3. In this Order—
|
| |
the word "summer" means the period commencing on the 1st day of March in any year and terminating on the 30th day of September in that year,
|
| |
the word "winter" means the period commencing on the 1st day of October in any year and terminating on the last day of February in the next succeeding year,
|
| |
the word "month" means the period from a day in any calendar month to the day next preceding the corresponding day in the next calendar month,
|
| |
the word "week" means any period of seven consecutive days.
|
|
|
4 Minimum rates of wages
|
4. The minimum rates of wages in respect of each wages district specified in the first column of the First Schedule hereto shall be the rates set out in the first part of the Schedule or Schedules mentioned in the fourth column of the said First Schedule opposite to the mention in such first column of such wages district and in the application of such rates to such wages district the following provisions shall have effect—
|
| |
(a) where in the third column of the First Schedule hereto the whole of a wages district is mentioned as the scope of application of the minimum rates of wages fixed in respect of such wages district by this Order, such rates shall apply to such wages district universally,
|
| |
(b) where in the third column of the First Schedule hereto special parts of a wages district are mentioned as the scope of application of the minimum rates of wages fixed in respect of such wages district by this Order, the rates of wages set out in the first part of the Schedule mentioned in the fourth column of such First Schedule opposite to the mention of each of such special parts shall apply to each of such special parts respectively,
|
| |
(c) the rates of wages specified in any Schedule made applicable under this Order to a wages district, or to a special part of a wages district, shall in such wages district, or special part of a wages district, be payable in respect of the special classes of workers mentioned in the first column of such Schedule.
|
|
|
5 Benefits or advantages reckoned as payment of wages
|
5. Where the minimum rates of wages set out in any Schedule hereto are made applicable by this Order to any wages district or to any special part of a wages district, and any agricultural employer in such wages district or special part provides any agricultural worker in his employment with all or any of the benefits or advantages specified in the first column of the second part of that Schedule, such benefits or advantages shall, for the purpose of computing the wages paid to such agricultural worker, be reckoned as payment of wages in lieu of payment in cash, and the value at which such benefits or advantages are to be so reckoned shall be the value set out in the second, third, fourth, fifth and sixth columns respectively of the second part of the said Schedule opposite the mention of such benefits or advantages in the said first column.
|
|
|
6 Adjustment of seasonal rates
|
6. Where for any district a rate of wages (hereinafter referred to as the summer rate) is fixed by this Order in respect of work done by an agricultural worker in summer and a different rate (hereinafter referred to as the winter rate) is fixed by this Order as the rate of wages in respect of work done by such agricultural worker in winter, then for the purpose of calculating the amount of any sum payable as wages to such agricultural worker for work done partly in summer and partly in winter the summer rate shall be the rate of wages for so much of such work as may be done in summer, and the winter rate shall be the rate of wages for so much of such work as may be done in winter.
|
| |
FIRST SCHEDULE.
|
| | |
Agricultural Wages Districts under the Agricultural Wages Districts and Areas Order, 1937
|
Ref. No.
|
Scope of Application of Minimum Rates of Wages fixed by this order
|
Minimum Rates of Wages and Rates of Allowances by reference to Schedules
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
Administrative County of Cavan
|
1
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Donegal
|
2
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Leitrim
|
3
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Monaghan
|
4
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Sligo
|
5
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Galway
|
6
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Longford
|
7
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Mayo
|
8
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Offaly
|
9
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Roscommon
|
10
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Westmeath
|
11
|
The whole of the wages district
|
Third Schedule.
|
|
County Borough of Dublin and the Administrative County of Dublin
|
12
|
County Borough of Dublin, the Borough of Dun Laoghaire, the urban district of Howth, the district electoral divisions of Howth Rural, Coolock, Malahide, Kinsealy, Swords East, Drumcondra Rural, Finglas, Blanchardstown, Clonsilla, Castleknock, Lucan, Palmerstown, Clondalkin, Terenure, Rathfarnham, Miltown, Dundrum, Stillorgan, Ballybrack, and Rathmichael.
|
Third Schedule.
|
|
|
13
|
The remainder of the Administrative County of Dublin
|
Third Schedule.
|
|
Administrative County of Kildare
|
14
|
The whole of the wages district
|
Third Schedule.
|
|
| |
FIRST SCHEDULE—(continued).
|
| | |
Agricultural Wages Districts under the Agricultural Wages Districts and Areas Order, 1937
|
Ref. No.
|
Scope of Application of Minimum Rates of Wages fixed by this order
|
Minimum Rates of Wages and Rates of Allowances by reference to Schedules
|
|
(1)
|
(2)
|
(3)
|
(4)
|
|
Administrative County of Laoighis
|
15
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Louth
|
16
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Meath
|
17
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Wicklow
|
18
|
The Urban District of Bray
|
Second Schedule.
|
|
|
19
|
The remainder of the Administrative County of Wicklow.
|
Third Schedule.
|
|
Administrative County of Clare
|
20
|
The whole of the wages district
|
Third Schedule.
|
|
County Borough of Cork and the Administrative County of Cork.
|
21
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Kerry
|
22
|
The whole of the wages district
|
Third Schedule.
|
|
County Borough of Limerick and the Administrative County of Limerick.
|
23
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of North Riding of Tipperary.
|
24
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Carlow
|
25
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Kilkenny
|
26
|
The whole wages of the district
|
Third Schedule.
|
|
Administrative County of the South Riding of Tipperary.
|
27
|
The whole of the wages district
|
Third Schedule.
|
|
County Borough of Waterford and the Administrative County of Waterford.
|
28
|
The whole of the wages district
|
Third Schedule.
|
|
Administrative County of Wexford
|
29
|
The whole of the wages district
|
Third Schedule.
|
|
| |
SECOND SCHEDULE.
|
| |
PART I.
|
| |
MINIMUM RATES OF WAGES FOR SPECIFIED CLASSES OF AGRICULTURAL WORKERS
|
| | |
Classes of Agricultural Workers
|
Rate per week in which 54 hours work is done (exclusive of work on Sunday)
|
Rate per hour for work done in any week in which less than 54 hours work is done (exclusive of work on Sunday)
|
Overtime Rate per hour payable for any time worked in any week in excess of 54 hours (exclusive of work on Sunday)
|
Rate per hour for work done on Sunday
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
|
£
|
s.
|
d.
|
d.
|
d.
|
d.
|
|
1. Male agricultural workers of 20 years and upwards
|
1
|
13
|
0
|
71/3
|
10
|
10
|
|
2. Male agricultural workers under 20 years and not under 19 years
|
1
|
8
|
6
|
61/3
|
8½
|
8½
|
|
3. Male agricultural workers under 19 years and not under 18 years
|
1
|
4
|
0
|
51/3
|
7
|
7
|
|
4. Male agricultural workers under 18 years and not under 17 years
|
1
|
1
|
0
|
42/3
|
6½
|
6½
|
|
5. Male agricultural workers under 17 years and not under 16 years
|
|
19
|
6
|
41/3
|
6
|
6
|
|
| |
SECOND SCHEDULE.
|
| |
PART II.
|
| |
BENEFITS OR ADVANTAGE WHICH MAY BE RECKONED AS PAYMENT OF WAGES IN LIEU OF PAYMENT IN CASH.
|
| | |
Benefits or Advantages
|
Value at which they are to be reckoned in respect of
|
|
Male Agricultural Workers of 20 years and over
|
Male Agricultural Workers under 20 years and not under 19 years
|
Male Agricultural Workers under 19 years and not under 18 years
|
Male Agricultural Workers under 18 years and not under 17 years
|
Male Agricultural Workers under 17 years and not under 16 years
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
s.
|
d.
|
s.
|
d.
|
s.
|
d.
|
s.
|
d.
|
s.
|
d.
|
|
1. Board or board and lodging : per day
|
2
|
5
|
2
|
2
|
1
|
11
|
1
|
10
|
1
|
9
|
|
Breakfast : per day
|
|
7
|
|
6½
|
|
6
|
|
5½
|
|
5½
|
|
Dinner : per tea
|
1
|
0
|
|
10½
|
|
9
|
|
9
|
|
8
|
|
Afternoon tea : per day
|
|
3
|
|
2½
|
|
2
|
|
2
|
|
2
|
|
Supper : per day
|
|
7
|
|
6½
|
|
6
|
|
5½
|
|
5½
|
|
2. Cottage : Without a garden, or with a garden not exceeding one statute rood : per week
|
2
|
6
|
2
|
6
|
2
|
6
|
2
|
6
|
2
|
6
|
|
3. Land for potatoes or roots, per statute rood : per week
|
|
4
|
|
4
|
|
4
|
|
4
|
|
4
|
|
Land for potatoes or roots, when cultivated, tilled, manured, seesedand crop lifted by employer, per statute rood : per week
|
2
|
1
|
2
|
1
|
2
|
1
|
2
|
1
|
2
|
1
|
|
Land for potatoes or roots, when cultivated, tilled, and manured, and crop lifted by employer, per statute rood : per week
|
1
|
8½
|
1
|
8½
|
1
|
8½
|
1
|
8½
|
1
|
8½
|
|
| |
SECOND SCHEDULE.
|
| |
PART II—continued.
|
| | |
Benefits or Advantages
|
Value at which they are to be reckoned in respect of
|
|
Male Agricultural Workers of 20 years and over
|
Male Agricultural Workers under 20 years and not under 19 years
|
Male Agricultural Workers under 19 years and not under 18 years
|
Male Agricultural Workers under 18 years and not under 17 years
|
Male Agricultural Workers under 17 years and not under 16 years
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
s.
|
d.
|
s.
|
d.
|
s.
|
d.
|
s.
|
d.
|
s.
|
d.
|
|
4. Grass of cow :
|
|
|
|
|
|
|
|
|
|
|
|
1st May to 30th November : per week
|
2
|
6
|
2
|
6
|
2
|
6
|
2
|
6
|
2
|
6
|
|
1st December to 30th April : per week
|
1
|
3
|
1
|
3
|
1
|
3
|
1
|
3
|
1
|
3
|
|
5. Grass of calf of not less than six months and not more than twelve months : per week
|
|
6
|
|
6
|
|
6
|
|
6
|
|
6
|
|
6. Grass of pony : per week
|
|
9
|
|
9
|
|
9
|
|
9
|
|
9
|
|
7. Grass of donkey : per week
|
|
6
|
|
6
|
|
6
|
|
6
|
|
6
|
|
8. Grass of goat : per week
|
|
3
|
|
3
|
|
3
|
|
3
|
|
3
|
|
9. Grass of sheep : per week
|
|
4
|
|
4
|
|
4
|
|
4
|
|
4
|
|
| |
THIRD SCHEDULE.
|
| |
PART I.
|
| |
MINIMUM RATES OF WAGES FOR SPECIFIED CLASSES OF AGRICULTURAL WORKERS.
|
| | |
Classes of Agricultural Workers
|
Rate per month for work done under a contract of employment for not less than five months
|
Rate per week in which 54 hours work is done (exclusive of work on Sunday) under a contract of employment for less than five months
|
Rate per hour for work done in any week in which less than 54 hours hours work is done (exclusive of work on Sunday) under a contract of employment for less than five months
|
Overtime rate per hour payable for any time worked in any week in excess of 54 hours (exclusive of work on Sunday) under a contract of employment for less than five months
|
Rate per hour for work done on Sunday under a contract of employment for less than five months
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
£
|
s.
|
d.
|
£
|
s.
|
d.
|
d.
|
d.
|
d.
|
|
1. Male agricultural workers of 20 years and upwards
|
6
|
5
|
0
|
1
|
7
|
0
|
6
|
8
|
8
|
|
|
in summer
|
|
|
|
|
|
|
|
|
5
|
5
|
0
|
|
|
|
|
|
|
|
|
in winter
|
|
|
|
|
|
|
|
2. Male agricultural workers under 20 years and not under 19 years
|
5
|
10
|
0
|
1
|
4
|
0
|
51/3
|
7
|
7
|
|
|
in summer
|
|
|
|
|
|
|
|
|
4
|
15
|
0
|
|
|
|
|
|
|
|
|
in winter
|
|
|
|
|
|
|
|
3. Male agricultural workers under 19 years and not under 18 years
|
4
|
15
|
0
|
1
|
1
|
0
|
42/3
|
6
|
6
|
|
|
in summer
|
|
|
|
|
|
|
|
|
4
|
2
|
6
|
|
|
|
|
|
|
|
|
in winter
|
|
|
|
|
|
|
|
4. Male agricultural workers under 18 years and nor under 17 years
|
4
|
2
|
6
|
|
18
|
0
|
4
|
5½
|
5½
|
|
|
in summer
|
|
|
|
|
|
|
|
|
3
|
12
|
6
|
|
|
|
|
|
|
|
|
in winter
|
|
|
|
|
|
|
|
5. Male agricultural workers under 17 years and not under 16 years
|
3
|
15
|
0
|
|
16
|
6
|
32/3
|
5
|
5
|
|
|
in summer
|
|
|
|
|
|
|
|
|
3
|
5
|
0
|
|
|
|
|
|
|
|
|
in winter
|
|
|
|
|
|
|
|
| |
THIRD SCHEDULE
|
| |
PART II.
|
| |
BENEFITS OR ADVANTAGE WHICH MAY BE RECKONED AS PAYMENT OF WAGES IN LIEU OF PAYMENT IN CASH.
|
| | |
Benefits or Advantages
|
Value at which they are to be reckoned in respect of
|
|
Male Agricultural Workers of 20 years and over
|
Male Agricultural Workers under 20 years and not under 19 years
|
Male Agricultural Workers under 19 years and not under 18 years
|
Male Agricultural Workers under 18 years and not under 17 years
|
Male Agricultural Workers under 17 years and not under 16 years
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
s.
|
d.
|
s.
|
d.
|
s.
|
d.
|
s.
|
d.
|
s.
|
d.
|
|
1. Board or board and lodging : per day
|
2
|
1
|
1
|
11
|
1
|
9
|
1
|
8
|
1
|
7
|
|
Breakfast : per day
|
|
6½
|
|
6
|
|
5½
|
|
5
|
|
5
|
|
Dinner : per day
|
|
10
|
|
9
|
|
8
|
|
8
|
|
7
|
|
Afternoon tea : per day
|
|
2
|
|
2
|
|
2
|
|
2
|
|
2
|
|
Supper : per day
|
|
6½
|
|
6
|
|
5½
|
|
5
|
|
5
|
|
2. Cottage : without garden, or with a garden not exceeding one statute rood : per week
|
2
|
0
|
2
|
0
|
2
|
0
|
2
|
0
|
2
|
0
|
|
3. Land for potatoes or roots, per statute rood : per week
|
|
3
|
|
3
|
|
3
|
|
3
|
|
3
|
|
Land for potatoes, or roots, when cultivated, tilled, manured, seededand crop lifted by employer, per statute rood : per week
|
1
|
8½
|
1
|
8½
|
1
|
8½
|
1
|
8½
|
1
|
8½
|
|
Land for potatoes or roots, when cultivated, tilled, and manured and crop lifted by employer, per statute rood : per week
|
1
|
4
|
1
|
4
|
1
|
4
|
1
|
4
|
1
|
4
|
|
| |
THIRD SCHEDULE.
|
| |
PART II.—continued.
|
| | |
Benefits or Advantages
|
Value at which they are to be reckoned in respect of
|
|
Male Agricultural Workers of 20 years and over
|
Male Agricultural Workers under 20 years and not under 19 years
|
Male Agricultural Workers under 19 years and not under 18 years
|
Male Agricultural Workers under 18 years and not under 17 years
|
Male Agricultural Workers under 17 years and not under 16 years
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
4. Fresh milk:
|
s.
|
d.
|
s.
|
d.
|
s.
|
d.
|
s.
|
d.
|
s.
|
d.
|
|
1st May to 31st October : per gallon
|
|
8
|
|
8
|
|
8
|
|
8
|
|
8
|
|
1st November to 30th April : per gallon
|
1
|
0
|
1
|
0
|
1
|
0
|
1
|
0
|
1
|
0
|
|
5. Grass of cow :
|
|
|
|
|
|
|
|
|
|
|
|
1st May to 30th November : per week
|
2
|
0
|
2
|
0
|
2
|
0
|
2
|
0
|
2
|
0
|
|
1st December to 30th April : per week
|
1
|
0
|
1
|
0
|
1
|
0
|
1
|
0
|
1
|
0
|
|
6.Grass of calf of not less than six months, and not more than twelve months : per week
|
|
6
|
|
6
|
|
6
|
|
6
|
|
6
|
|
7. Buttermilk : per gallon
|
|
2
|
|
2
|
|
2
|
|
2
|
|
2
|
|
8. Skim or separated milk : per gallon
|
|
1
|
|
1
|
|
1
|
|
1
|
|
1
|
|
9. Grass of pony : per week
|
|
6
|
|
6
|
|
6
|
|
6
|
|
6
|
|
10. Grass of donkey : per week
|
|
4½
|
|
4½
|
|
4½
|
|
4½
|
|
4½
|
|
11. Grass of goat : per week
|
|
2
|
|
2
|
|
2
|
|
2
|
|
2
|
|
12. Grass of sheep on lowland : per week
|
|
3
|
|
3
|
|
3
|
|
3
|
|
3
|
|
Grass of sheep on mountain : per week
|
|
1
|
|
1
|
|
1
|
|
1
|
|
1
|
|
| |
Sealed with the Common Seal of the Agricultural Wages Board this 2nd day of January, 1939.
|
| |
The Seal of the Board was affixed in the presence of
|
| |
(Signed) WILLIAM O'LEARY,
|
| |
Chairman of the Board.
|
