S.I. No. 333/1990 - Employment Regulations Order (Agricultural Workers Joint Labour Committee) No. 2, 1990.

S.I. No. 333 of 1990.

EMPLOYMENT REGULATIONS ORDER (AGRICULTURAL WORKERS JOINT LABOUR COMMITTEE) NO. 2, 1990.

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 15th May, 1990 ( S.I. No. 120 of 1990 ), (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 amending the said Order;

AND WHEREAS the Committee has also submitted to the Court the proposals set out in the Schedule hereto for 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 (Agricultural Workers Joint Labour Committee), No. 2, 1990.

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 5th January, 1991 and as from that date the said Order shall be amended accordingly.

NOTE: Enquiries should be addressed to the Secretary, Joint Labour committees, The Labour Court, Tom Johnston House, Haddington Road, Dublin 4 (Phone 608444 Extension Nos. 301, 303, and 304).

NORMAL WORKING WEEK

SECTION 1: 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 .

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 on a year round basis, the timing of the 1 hour reduction to be agreed at local level.

( b ) — 38 hours for 6 consecutive months.

— 40 hours for 6 consecutive months.

(The months/weeks to be agreed at local level).

( c ) — 36 hours for 3 consecutive months.

— 40 hours for 9 consecutive months.

(The months/weeks to be agreed at local level).

Employees should not suffer a loss or gain in weekly pay for normal hours as a result of the above.

In the case of options b and c, normal weekly pay will not vary in relation to hours worked in the shorter/longer periods, but will be paid as through a 39 hour week was worked on a year round basis.

SECTION 3: Overtime: Overtime will be paid after normal hours and will be based on the new hourly rate of 1/39th.

In the case of Options (b) and (c), overtime will apply after normal hours in the appropriate period, i.e. after 38 hours for 6 months, after 40 hours for 6 months.

GIVEN under the Official Seal of the Labour Court this 21st day of December, 1990.

(Signed) KEVIN HEFFERNAN,

Chairman.

EXPLANATORY NOTE.

The Instrument fixes with effect as from the 5th January, 1991 statutory conditions of employment of agricultural workers as defined by the Industrial Relations Act, 1976 . It has special provision in respect of workers employed in the mushroom growing industry and there is also special provision made in respect of grooms. It is made by the Labour Court on the recommendations of the Agricultural Workers Joint Labour Committee.