ISB SI

S.I. No. 273 of 1997.

EMPLOYMENT REGULATION ORDER (LAW CLERKS JOINT LABOUR COMMITTEE), 1997

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 (Law Clerks Joint Labour Committee) 1996 dated 26th March, 1996 (

S.I. No. 72 of 1996

) (hereinafter called "the said Order"), fixing the statutory minimum rates of 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 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 (Law Clerks Joint Labour Committee), 1997.

(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 1st July, 1997 and as from that date the said Order shall be revoked.

PART I STATUTORY MINIMUM REMUNERATION

FOR WORKERS EMPLOYED IN ALL AREAS

From effective date of Order 1/7/97

Per Week

Section I

Managing Clerk

£

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

248.04

Section II

Conveyancing Clerk/Cost Clerk

1st y ear of employment

206.46

2nd year of employment

214.80

3rd year of employment

220.32

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.

A Cost Clerk is a person who is wholly or mainly engaged in the drawing and taxation of his employer's costs, and who is not remunerated on a commission basis by his/her employer.

Section III

General Law Clerks 17 years of age and over

First six months of employment

128.04

Second six months of employment

134.42

2nd year of employment

140.78

3rd year of employment

147.14

4th year of employment

154.00

5th year of employment

164.99

6th year of employment

171.93

7th year of employment

179.09

8th year of employment

189.83

9th year of employment

198.16

10th year of employment

206.46

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 or a bookkeeper and who is wholly or mainly engaged on clerical or bookkeeping duties.

Section IV

Shorthand Typist/Typist

First six months of employment

128.04

Second six months of employment

134.42

2nd year of employment

140.78

3rd year of employment

147.14

4th year of employment

153.53

5th year of employment

160.41

6th year of employment

167.30

7th year of employment

174.30

8th year of employment

181.59

9th year of employment

189.83

A Shorthand Typist or Typist is a person who is wholly or mainly employed on one or more of the following duties, viz: shorthand, typing, Dictaphone, reception, copying, scrivenery, filing, post work, despatch and telephone operation.

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

123.86

2nd year of employment

130.21

3rd year of employment

136.55

A Messenger is a person wholly or mainly engaged in post work, collection and delivery.

N.B. It should be noted that the scales as specified in the Order apply, having regard to previous employment experience in a Solicitor's Office and whether or not there has been a break in service due to domestic situations or otherwise.

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 above.

SECTION I

NORMAL WORKING WEEK

The normal number of hours to be worked by workers in relation to whom the Committee operates shall be 38 hours per week.

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 I.

In relation to workers under the age of 18, the provisions of the

Protection of Young Persons (Employment) Act, 1996

shall apply.

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 the overtime rates as outlined in Section VI 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 (Employees) Act, 1973

provided however that those workers who do not have 20 days paid leave shall be entitled to a total of 20 days paid leave in the holiday year 1983 and thereafter.

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, cost clerks, typists, stenographers, and bookkeepers, but excluding Solicitors' Apprentices and Solicitors.

GIVEN under the Official Seal of the Labour Court, this 23rd day of June, 1997.

(Signed) EVELYN OWENS,

Chairman.

EXPLANATORY NOTE.

This Instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 1st July, 1997 for certain workers employed in Solicitors' Offices. It is made by the Labour Court on the recommendation of Law Clerks Joint Labour Committee.