S.I. No. 396/1980 - Employment Regulation Order (Agricultural Workers Joint Labour Committee) 1980.

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

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

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

£

£

£

£

£

(1)

Board and Lodging per day

2.70

2.42

2.19

1.88

1.64

Board per day

2.45

2.18

1.95

1.64

1.38

Breakfast per day

0.49

0.40

0.38

0.30

0.26

Dinner per day

1.22

1.10

0.97

0.84

0.72

Afternoon tea per day

0.24

0.23

0.15

0.14

0.13

Supper per day

0.49

0.40

0.37

0.30

0.26

Lodging per day

0.24

0.24

0.24

0.24

0.24

(2)

House or Cottage without garden or with a garden not exceeding one statute rood: per week

0.74

0.74

0.74

0.74

0.74

(3)

Fresh Milk per gallon

0.74

0.74

0.74

0.74

0.74

Benefits and advantages shall be increased from 1st August, 1981 by the same percentage increase as will apply to rates of pay in accordance with the Second Phase of the National Understanding.

PART IV

HOLIDAYS

1.

General

Annual leave shall be granted in accordance with Holidays (Agricultural Workers) Regulations, 1977 (

S.I. No. 64 of 1977

) subject to the following amendments, which will be effective from 1st November, 1977.

(1) Workers in relation to whom the Committee operates shall be granted holidays in accordance with the provisions of the

Holidays (Employees) Act, 1973

, as made applicable to agricultural workers by the Holidays (Agricultural Workers) Regulations, 1977. The qualifying hours for annual leave are now the same as those for industrial workers. Those workers who do not have 19 days Annual Leave shall be entitled to a total of 19 days paid leave, in the holiday year 1981 and thereafter. The entitlement to these additional day(s) shall be based on the

Holidays (Employees) Act, 1973

as amended by the Holidays (Agricultural Workers) Regulations, 1977.

(2) For the purpose of computing holiday remuneration, benefits or advantages provided for the worker by his employer shall be reckoned as payment of holiday remuneration in lieu of payment in cash to the same extent as they are to be reckoned as payment of wages in accordance with Section 6 of the above.

(3) Absence from work on a day of paid leave or Public Holiday or substituted Church Holiday shall be deemed to be time worked.

Note

A separate explanatory leaflet regarding holiday entitlements of agricultural workers will be available on application to the Labour Court, Davitt House, (Room 414), Mespil Road, Dublin 4.

2.

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 the first day of January.

3. (1) An employee shall be entitled to paid leave (in this Act referred to as annual leave) in respect of a leave year in which he has at least one qualifying month of service.

(2) Annual leave shall be equivalent to 19 days paid leave where there are twelve qualifying months of service and subject to the next subsection, to proportionately less where there are eleven or fewer such months.

(3) Annual leave shall also be equivalent to 19 days paid leave where the employee works for the employer at least 1,400 hours (or 1,300 hours if under 18 years of age) during the leave year unless it is a leave year during which he changes his employment.

(4) A day which, apart from this subsection, would be a day of annual leave shall, if it is a day of illness in respect of which a certificate of a registered medical practitioner is furnished, to be taken as not being a day of annual leave.

(5) (

a

) Where there are eight or more qualifying months of service annual leave shall, subject to any registered employment agreement, or agreement with the employee's trade union, include an unbroken period equivalent to two working weeks.

(

b

) When ascertaining for the purposes of this subsection, 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.

(6) Where board, lodging or board and lodging is part of remuneration, the employee may, subject to being given double pay, elect not to take annual leave.

(7) (

a

) In this section "qualifying month of service" means any month (January to December) during which the employee has worked for the employer at least 120 hours (or 110 hours if under 18 years of age).

(

b

) For the purpose of subsection (3) and of the previous paragraph—

(i) A day of annual leave shall be taken as if the employee worked thereon the hours he would have worked if not on leave, and

(ii) Wet time shall be taken to be hours worked up to a maximum, in the case of subsection (3), of 480 hours in the leave year or, in the case of the previous paragraph, 40 hours in the month.

4. Short term and part-time workers

(

a

) In the case of day to day and part-time employments, the employee must, for entitlement under this section, have worked for the employer for at least 120 hours (or 110 hours if under 18 years of age) during the five weeks ending on the day before the public holiday.

(

b

) For the purpose of this section

(i) time off allowed by Act or Order shall be taken to be time worked;

(ii) wet time shall be taken to be hours worked up to a maximum of 50 hours.

5. Cesser Pay

(

a

) Where employment on a day to day basis ceases and the employee, annual leave not being due to him, has, during the 30 days ending on the day before cesser of employment, worked for the employer for at least 120 hours (or 110 hours if under 18 years of age), the employer shall pay compensation to him in respect of the public holiday consisting of an extra day's pay.

(

b

) Where employment ceases during the five weeks ending on the day before a public holiday and the employee has, during the part of that period before the cesser, worked for the employer for at least 120 hours (or 110 hours if under 18 years of age), the employer shall pay compensation to him in respect of the public holiday consisting of an extra day's pay.

6. In the

Holidays (Employees) Act, 1973

the following are hereby substituted for sections 6(1)(

b

) and 6(1)(

c

), respectively.

"(

b

) to the agricultural worker and his employer making such arrangements as they think fit for the allowance of holidays and

(

c

) to the condition that holidays to be allowed in respect of any year or any period of a year shall be allowed before the end of the year, and, if the employment terminates during the year, the holidays shall be allowed before such termination".

In the

Holidays (Employees) Act, 1973

the following subsection is hereby inserted after section 6 subsection (3)—

"(4) Where it is the custom for an agricultural employer to grant to an agricultural worker a day's leave with full pay to attend a sporting or other events held on a day other than a Sunday, a public holiday or a Church Holiday, not more than six such days may be regarded as annual holidays for the purposes of this Act".

PART V

WAGES AREAS

In this Order:—

Zone A means the County Borough of Cork and that part of the Administrative County of Cork comprising the Urban District of Cobh, Fermoy, Kinsale, Mallow, Midleton, Youghal, the District Electoral Divisions of Aghern, Aglish, Ardagh, Ardskeagh, Ballinadee, Ballincollig, Ballinspittle, Ballintemple, Ballyarthur, Ballyclough, Ballycottin, Ballyfeard, Ballyfoyle, Ballygarvan, Ballygorman, Ballyhooly, Ballymackean, Ballymertle, Ballymodan, Ballymurphy, Ballyneglogh, Ballynamona, Ballynoe, Ballyspillane, Bandon, Bishopstown, Blackrock, Blackpool, Blarney, Brinny, Buttervant, Caherduggan, Caherlag, Cannaway, Carrig (in the Former Rural District of Fermoy), Carrig (in the Former Rural District of Mallow), Carrigaline (in the Former Rural District of Cork), Carrigaline (in the Former Rural District of Kinsale), Carrignavar, Carrigrohane Beg, Carrigothill, Castlecooke, Castle Hyde, Castlelyons, Castlemartyr, Castletownroche, Churchtown, Clenor, Clonmult, Clonpriest, Cloyne, Cobh Rural, Coole, Coolmain, Corkbeg, Cullen (in the Former Rural District of Kinsale), Curraglass, Dangan, Derryvillane, Doneraile, Douglas, Dripsey, Dromere, Dunderrow, Dungourney, Farahy, Farranbrien, Fermoy Rural, Garryvoe, Glanworth E., Glanworth W., Glenville, Gortnaskehy, Gortroe, Greenfort, Ightermurragh, Imphrick, Inch, Inishannon, Inishkenny, Kilbonane, Kilbrittain, Kilbrogan, Kilcor, Kilcronat, Kilcummer, Kildinan, Kildorrery, Kilgullane, Killathy, Killeagh, (in the Former Rural District of Cork), Killeagh (in the Former Rural District of Youghal), Kilmacdonagh, Kilmacleine, Kilmonoge, Kilpatrick, Kilphelan, Kilshannig, Kilworth, Kinsale Rural, Kinure, Knockantota, Knockavilly, Knockmourne, Knockraha, Knockroe, Kisgoold, Laherne, Lehenagh, Leighmoney, Leitrim, Liscleary, Magourney, Mallow Rural, Marshalstown, Matehy, Midleton Rural, Milford, Milltown, Mitchelstown, Mogeely, Monanimy, Monkstown Rural, Monkstown Urban, Moviddy, Newtown, Nohaval, Ovens, Rahan, Rathcooney, Rathcormack, Rathluirc, Riverstown, Rostellan. St. Mary's, Shanballymore, Skahanagh, Springfort, Streamhill, Templebodan, Templebreedy, Templemartin, Templemary, Templemichael, Templemolaga, Templeacarriga, Wallstown, Watergrasshill, Whitechurch, Youghal Rural; The County Borough of Dublin and the Administrative County of Dublin;

Zone B means all other areas.

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 to 1976, to all agricultural workers. All workers who are 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 the order. All grooms are included in the scope of the Order except those whose wages and conditions 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 include 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 ground, 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 19th day of December, 1980.

(

Signed

) Michael Corcoran.

A person authorized under

Section 18

of the

Industrial Relations Act, 1946

to authenticate the Seal of the Court.

EXPLANATORY NOTE.

This Instrument fixes with effect as from the 22nd December, 1980 statutory minimum rates of remuneration and 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 Labor Court on the recommendation of the Agricultural Workers Joint Labour Committee.

S.I. No. 396 of 1980.

EMPLOYMENT REGULATION ORDER (AGRICULTURAL WORKERS JOINT LABOUR COMMITTEE) 1980.

WHEREAS the Labour Court (hereinafter called "the Court") pursuant to the provision of

Section 43

of the

Industrial Relations Act, 1946

, (hereinafter called "the Act") made an Employment Regulation Order dated the 5th November, 1979 (

S.I. No. 353 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 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 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:—