ToblKCO ManuflloClure Industry Wages Council Wage Rq;ulallon

L N. liS of 1':1'.11

CONDITIONS O F EMPLOYMENT (REGU LATI O N) ACT

(CAP. 135)

ToblKCO ManuflloClure Industry Wages Council Wage Rq;ulallon

Order. 15191

IN exercise oflhc powers confem:d by section 8 of the Conditions

o f Employment (Regulation) Act. the Minister for Social Policy,

having received proposals from the Tobacco ManufaclUrc Industry

Wages Cou ncil concerning the conditions o f e mployment of llie

employees in rela tion to whom the said Wages Cou ncil operates. has

made the following orde r:-

l. This ord er may be cited as the Tobacco Man ufaclure Indusn ), Ciution

Wages Counci l Wage Regulation Order, 1991 and shall eome inlO force .od

on the 17111 J ul)'. 1991 .

com ... _ " ' .

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The provisions sel out in the Schedu le hereto shaU apply 10 all ..... .,.DOIO

employees in respect of whom the Tobacco Manufacture Industry ofor" ...

Wages Council operates.

J. From tile date of commencement of tllis order, t"'e Tobacco _ n

Manufacture Industry Wages Council Wage RegulatiOft Order, 1977, ~-

shaD be revoked.

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SCHE DULE

I.

In t"'is Sc"'edule unless the contex t ot"'elWise requircs

Intupretation.

'"customary "'olidaysH means the days (OIher tllan Sundays)

declared for th e time being to be public "'olidays by or ullder t"'e

Cop. m ..

Nationalllolidays alld OIher Public Holidays Ad ;

~Ilours of work ~ means the lime 011 any day during which

employees are al Ihe diSpo$IIl of tile employer. exclusive of Ihe

intervals allowed fo r meals and rest;

~pa n -l ime employee~ me ans an employee who is nOI a whole-

lime e mployee;

~li me -an d-a-h~Llr· ~Ln(l '·double-time·' means respectively onc-

and·a-halftimes and Iwice thc minimum time rat c applicable to the

em ployee;

··wages~ means re mun eration or earnings payable in money by

an employer to an employec

··who le-time e mployee~ means an employee ""00 works for

more than thin y hours in any o ne wcck.

2. (\) The hours o f work of whole-time e mployees other than Itoun ofwork .

watchme n shall nOI e xceed forty ho urs in anyone wee k

Provided that by mutual agreement between the employer and

the au thorised representatives of the employees, tbe loud number of

hours worked in anyone week can be extended ordecrcasedsohowever

as neither 10 exceed a maxim um of forty-two and a half hours, nor a

minimum of thirty-fi ve hours

Provided funhcr thal the lotal weekly average over a ca lendar

year does nOl ucced an ave rage of 40 hours per "'eek.

(2) The hours of worlr: of whole-lime watchmen shall nol

exceed fifty-hour in any onc week of six days.

(I ) The minimum weekly wage payable to whole-time

employees. both male and female, other than watchmen shall be the

following

AI age J8 years Of over ....... .... ..... ...... .

Lm34. 13 ,O

At age 17 years .. . .. . .. .. ........ . .. .. ... ... ... .

Lm31.22,O

At age 16 years ..... ....... .................. .. .

Lm29.99,O

(2) 1bc minimum wage for watchmen shall be

Lm34. \3 -

for watchmen whose dUly is mainly performed

indoors

l..rn35. 13 - for watchmen whose duty is main ly performed out

of doors .

The minimum remuneration payable 10 pan-time employees

of Ihe calegories specified in paragraph 3 hereof shall nOI be less Ihan

Ihe proponionale rale of Ihe minimum remuneralion payable to a

whole-time employee of the same category, calculated on the basis of a

54 hour week in the casc: of watchmen and a 40 hou r week in the case of

other employees.

The minimum earni ngs by an employee engaged on piece-

work, per week or any part thereof, shall not be less than the minimum

earned if the employee was cmployed on a day rate basis.

All whole-time employees. o ther than watchmen. shall be

allowed intcrvals for meals and rest of nOI less, in the aggregate, than

one hour eyery day

Provided that. where the last half-hour of Ihe period of

employment is aUowed as a pan of the hour of rest, the employee shall

be entitled to leave the plate of work as 500n aSlhat half-hour Slans.

All whole-time employees shall be allowed one whole day off

in every calenda r week.

(I) Whole-time employees, othe r than watchmen. shall be

paid al lime-and-a-half rates for oven ime work performed on

weekdays , and al double-time for work performed on Sundays and

public holidays.

(2) Watchm en shall be pa id at lime-and-a-half rates fo r lime

worked in excessofl'ifty four hours in a siK~a~ week. and al double lime

rat es for all lime wor ked on a Sunday or a public holiday.

(I) In addition to the minimum weekly resllo wh.ich who le- V"'lion

time employees may be enti tled under paragraph 7, whole-time le . ...

employees shall be entitled to the National Holidays and to all public

holidays with full pay, and 10 the followi ng vacation leave oot being less

lh3n:-

(a) for working weeks and one wor king day during the

cale ndar years 1988 and 1989;

(b) four working weeks and two workin g days during the

calendar year, 1990

four working .... «ks and three working days during th e

(c)

calendaryear.1991~

(d) fO UT wo rking weeks and four working days during the

calendar year 1992 a nd during any calendar yea r thereafte r

Provided that when a whole-time employee is in employment

for less than twelve months during any calendar year, he shall be

entit led to such pan of the said vacation leave as is in proponion to the

number of months in employment _

(2) Fe : the PUI'p.)SC of this r.aragraph Mvaca tion leave M

means leave with pay which may be avaJled of on days agreed upon

between the employer and the employee, provided that one day

vacation leave during 1988 and 1989. two days vacation leave during

1990, three days vacat ion leave during 1991 and fou r days vacation leave

during 1992 and during any calendar year the reafter shall not form pan

of any shutdown and shall be granted by Ihe employe r as opt ional leave

in addition to any optional leave the employee may have been entitled

to on Ihe 9th November. 1988.

Whole- lime em ployees shall be ent itled 10 -

Siok I<.~ .

(i) SUI days full pay and six days o n half pay sick leave artersix

months in employment;

( ii) twelve days o n full pay and twelve days on half pay sid;

leave afte r twelve months employment, in any calendar year, less

any sickness benefit to which they may be entitled undcr the Social

Security ACI, 1987 , provided a medical certificate certifying "'",X

incapaci ty for work coveri ng the period of absence is produced to of t987.

the employe r. who shall be entitled. if he so wishes. to se nd his

medical officer to exami ne the employee, and

(i ii) one year inju ry leave on full pay. less the fun amount of

any injury benefit to which the employee may be entitled in termsof

the Social Securit y Act , 1987, if he is injured during th e actual

discha rge of his duty and such injury is not due to contributory

negligence on his part o r in contravention by him of safe ty rulC!i laid

down by the manage ment .

(I) Whol e-time employees shall be entitled to Iwodays paid

leave on Ihe occasion of the death of any of the following relatives: t he

wife o r husband of tbe employee. the father or mOlhcr (or the person

who at the time was acting as the father or mother) , the son ordaughlcr,

and the brother or sister.

(2) Whole-time em ployees 5h311 be enti tled 10 one day paid

leave on the occasion o f the birth of any child 10 the wife of the

employee.

(3) Bereavemen\ leave o r bi rth. leave shall not be claimed,

partly or who lly if the occurrence lake s place when the em ployee is on

vacation leave, or on 11 Sunday or a customary holiday.

(4) Whole-time employees shall be allO\\'cd th ree days paid

leave on the occasion of their marriage.

(5) Whole-time employees tailed for J ury Service shall be

allowed all necessary time ort o n fu ll pay to attend to such service in

CoUTl.

An employee is ent itled to the wages applicable to him for all

time during which he is present on the premises of his e mployer, o r

elsewhe re un less he is present thereon in any of the following

ci rcumsta nces

withoulthe cmployer·s consent. e ~prcssed or implied

(a)

(b) for some purpose: unconnected with his work mher than

that of wait ing for work to be given to him to perform ;

(c)

by reason onlyofl he faclthat he is resident the reon ; Dnd

(d) during normal meal times, and he is not waiting for work

to be given to him to perform.

In eases where Ihe TCtiring age of a male e mployee is expecled

at the age o f 60 years, such employee shall be given the opponunity by

his em ploye r to retain his e mployment beyond this age al least until the

age of 61 ycars, provided that the em ployee in question shall still be

allowed, if he so wishes. 10 relire al the age of 60 years.

EXPLA NATORY NOTE

(This /IOtt is nOI part oflhe Schedule bl4l is in/ended 10 indicare its applicability)

The provisions of the above Schedule apply !oall employees in any undenaking o r

in any pan of an undenaking, the activities o f which COnsi51 wholl y or mainly in the

manufacture of cigars, cigarettes, cheroots o r pipe or olher tobaew and any form of

processing of tobacco, whe ther by hand o r by machinc.

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