Hotels and Clubs Wages Council Wage Regulation Order

L.N. 127 of 2010

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Hotels and Clubs Wages Council Wage Regulation Order

(Amendment) Order, 2010

IN exercise of the powers conferred by articles 4 and 48 (2) of

the Employment and Industrial Relations Act, the Prime Minister

has made the following order:-

The title of this order is the Hotels and Clubs Wages

Council Wage Regulation Order (Amendment) Order, 2010 and

it shall be read and construed as one with the Hotels and Clubs

Wages Council Wage Regulation Order, 1990 hereinafter referred

to as “the principal order”.

In the Schedule to the principal order

(a) in paragraph 8 thereof, for sub-paragraph (2)

thereof there shall be substituted the following

“(2) “Part-time employee” means an employee

whose normal hours of work, calculated on a weekly

basis or on average over a period of employment of up

to one year, are less than the normal hours of work of

a comparable whole-time employee and who is not a

whole-time employee with reduced hours, and “whole-

time employee” means an employee who is deemed to

be a whole-time employee in terms of any recognized

conditions of employment.”; and

(b) for paragraph 13 thereof there shall be substituted

the following

“13. “Part-time employee” means an employee

whose normal hours of work, calculated on a weekly

basis or on average over a period of employment of up

to one year, are less than the normal hours of work of

a comparable whole-time employee and who is not a

whole-time employee with reduced hours, and “whole-

time employee” means an employee who is deemed to

be a whole-time employee in terms of any recognized

conditions of employment.”; and

(c) in paragraph 17 thereof

(i) for the definition “part-time employee” there

shall be substituted the following

“ “part-time employee” means an employee

whose normal hours of work, calculated on a

weekly basis or on average over a period of

employment of up to one year, are less than the

normal hours of work of a comparable whole-time

employee and who is not a whole-time employee

with reduced hours;”; and

(ii) for the definition “whole-time employee”

there shall be substituted the following

“”whole-time employee” means an employee

who is deemed to be a whole-time employee

in terms of any recognized conditions of

employment.”; and

(d) for paragraph 23 thereof there shall be substituted

the following

“23. (1) After completing the first six months

of employment, a whole-time employee shall in every

calendar year be entitled to the equivalent in hours of

fifteen days sick leave on full pay, less an amount equal

to the sum set for sickness benefit entitlement at the rate

established under the Social Security Act, and part-time Cap. 318.

employees shall have a pro rata entitlement to sick leave

in hours on full pay, less an amount equal to the sum set

for sickness benefit entitlement at the rate established

under the Social Security Act, which amount is also to

be calculated on a pro rata basis

Provided that -

(a) the first three days of any claim for sick

leave shall be paid in full by the employer;

(b) a medical certificate covering the period

of absence is produced to the employer on the day

of return to work or, if such period of absence is

longer than seven days, within seven days of the

onset of sick leave absence;

(c) employees in receipt of a social security pension

in respect of retirement or widowhood in terms of the Social

Security Act shall, for the purpose of calculating the sick

leave pay due, be deemed to have received an amount equal

to the sum set for sickness benefit entitlement at the rate

established under the Social Security Act.

(2) After completing the first six months

of employment, a whole-time employee shall in every

calendar year be entitled to the equivalent in hours of

a further thirty-six days sick leave on half pay, less an

amount equal to half the sum set for sickness benefit

entitlement at the rate established under the Social

Security Act, and part time employees shall have a pro

rata entitlement to sick leave in hours on half pay, less

an amount equal to half the sum set for sickness benefit

entitlement at the rate established under the Social

Security Act, which amount is also to be calculated on a

pro rata basis

Provided that -

(a) the first three days of any claim for sick

leave shall be paid at half pay by the employer;

(b) a medical certificate covering the period

of absence is produced to the employer on the day

of return to work or, if such period of absence is

longer than seven days, within seven days of the

onset of sick leave absence;

(c) employees in receipt of a social security

pension in respect of retirement or widowhood

in terms of the Social Security Act shall, for the

purpose of calculating the sick leave pay due, be

deemed to have received an amount equal to half

the sum set for sickness benefit entitlement at the

rate established under the Social Security Act.

(3) The employer may require a medical

certificate by his own physician to certify incapacity for

work during the period of absence.

(4) The sick leave entitlement granted by

virtue of this paragraph shall be calculated on the basis

provided for annual leave as specified in regulation 8(1)

of the Organisation of Working Time Regulations.”.

(e) in paragraph 26 thereof

( i ) i m m e d i a t e l y a f t e r t h e d e fi n i t i o n o f

“maintenance work”, there shall be inserted a new

definition of “part-time employee” as follows

“ “part-time employee” means an employee

whose normal hours of work, calculated on a

weekly basis or on average over a period of

employment of up to one year, are less than the

normal hours of work of a comparable whole-time

employee and who is not a whole-time employee

with reduced hours;”; and

(ii) for the definition “whole-time employee”

there shall be substituted the following

“ “whole-time employee” means an

employee who is deemed to be a whole-time

employee in terms of any recognized conditions of

employment.”; and

(f) for paragraph 28 thereof there shall be substituted

the following

“28. (1) A whole-time employee shall in every

calendar year be entitled to the equivalent in hours of

eighteen days sick leave on full pay, less an amount

equal to the sum set for sickness benefit entitlement at

the rate established under the Social Security Act, and

part-time employees shall have a pro rata entitlement

to sick leave in hours on full pay, less an amount equal

to the sum set for sickness benefit entitlement at the rate

established under the Social Security Act, which amount

is also to be calculated on a pro rata basis

Provided that -

(a) the first three days of any claim for sick

leave shall be paid in full by the employer;

(b)

a medical certificate covering the period

of absence is produced to the employer on the day

of return to work or, if such period of absence is

longer than seven days, within seven days of the

onset of sick leave absence;

(c) employees in receipt of a social security

pension in respect of retirement or widowhood

in terms of the Social Security Act shall, for the

purpose of calculating the sick leave pay due, be

deemed to have received an amount equal to the

sum set for sickness benefit entitlement at the rate

established under the Social Security Act.

(2) Whole-time employees employed for less than

one year shall be entitled to paid sick leave in proportion

to the number of months in employment.

(3) The employer may require a medical

certificate by his own physician to certify incapacity for

work during the period of absence.

(4) The sick leave entitlement granted by virtue

of this paragraph shall be calculated on the basis

provided for annual leave as specified in regulation 8(1)

of the Organisation of Working Time Regulations.”.

(g) Paragraph 24 thereof shall be deleted, and

paragraphs 25 to 38, both inclusive, shall be renumbered 24

to 37 respectively.

€0.47