ISB SI

S.I. No. 140 of 1980.

EMPLOYMENT REGULATION ORDER (LAW CLERKS JOINT LABOUR COMMITTEE)

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 the 13th August, 1979 (

S.I. No. 277 of 1979

) (hereinafter called "the said Order") fixing the statutory minimum 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 a 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 of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Committee operates;

AND WHEREAS the provisions of Section 43 of the Act have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 43 of the Act hereby orders as follows:—

(1) This Order may be cited as Employment Regulation Order (Law Clerks Joint Labour Committee), 1980.

(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 19th May, 1980 and as from that date the said Order shall be revoked.

Note

: Enquiries should be directed to the Joint Labour Committees Section, The Labour Court, Mespil Road, Dublin 4. (Phone 765861, Extension Nos. 169 and 182).

SCHEDULE

PART I

STATUTORY MINIMUM REMUNERATION

For Workers employed in all areas

Date of Order

1st July, 1980

£

£

SECTION I—

MANAGING CLERK

A Managing Clerk is a legal assistant (not being a Solicitor) who is fully experienced in all branches of 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.

92.65

101.54

SECTION II—

CONVEYANCING CLERK/COST CLERK

1st year of employment

76.30

84.04

2nd year of employment

79.57

87.54

3rd year of employment

81.75

89.87

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.

Acost Clerkisapersonwho is whollyormainlyengagedinthe drawingandtaxationofhisemployer's costs,andwhoisnotremuneratedonacommissionbasisbyhis/her employer.

SECTION III—

GENERAL LAW CLERKS 17 YEARS OF AGE AND OVER

First six months of employment

42.50

47.87

Second six months of employment

45.50

51.08

2nd year of employment

48.50

54.30

3rd year of employment

51.50

57.51

4th year of employment

54.50

60.92

5th year of employment

59.50

66.06

6th year of employment

62.50

69.28

7th year of employment

65.50

72.49

8th year of employment

69.76

77.04

9th year of employment

73.03

80.54

10th year of employment

76.30

84.04

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 of a Bookkeeper and who is wholly or mainly engaged on clerical or book-keeping duties

SECTION IV—

SHORTHAND TYPIST/TYPISTS

First six months of employment

42.50

47.87

Second six months of employment

45.50

51.08

2nd year of employment

48.50

54.30

3rd year of employment

51.50

57.51

4th year of employment

54.50

60.72

5th year of employment

57.50

63.93

6th year of employment

60.50

67.14

7th year of employment

63.50

70.35

8th year of employment

66.50

73.56

9th year of employment

69.76

77.04

A shorthand Typist or a Typist is a person whoiswhollyormainly employedononeormoreofthe followingduties:viz,shorthand,typing, dictaphone,reception,copying, scrivenery,filing,post work,dispatch and telephoneoperation.

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

40.50

45.74

2nd year of employment

43.50

48.95

3rd year of employment

46.50

52.16

A messenger is a person wholly or mainly engaged in past work, collection and delivery.

SECTION VI—

OVERTIME RATES

The minimum hourly rates for all hours 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 of 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 appropriate weekly wage set out in Part 1.

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

37½

40

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 V 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 (Employee) Act, 1973. Those workers who do not have 17 days annual leave shall be entitled to a total of 17 days leave, the additional day(s) to be taken during the current employment year and thereafter as additional holidays per year.

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, court clerks, cost clerks, typists, stenographers and book-keepers, but excluding Solicitors' Apprentices and Solicitors.

GIVEN under the Official Seal of the Labour Court this 15th day of May, 1980.

(Signed) MICHAEL CORCORAN

A person authorised under Section 18

of the

Industrial Relations Act, 1946

,

to authenticate the Seal of The Court.

EXPLANATORY NOTE.

This Instrument fixes new statutory minimum rates of pay and regulates statutory conditions of employment as from the 19th May, 1980, for certain workers employed in Solicitors' Offices. It is made by the Labour Court on the recommendation of the Law Clerks Joint Labour Committee.