Seamen Wages Council Wage Regulation Order (Amendment)

L.N. 135 of 2010

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Seamen 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 Seamen Wages Council

Wage Regulation Order (Amendment) Order, 2010 and it shall be

read and construed as one with the Seamen Wages Council Wage

Regulation Order, 1977 hereinafter referred to as “the principal

order”.

In the Schedule to the principal order

(a) in paragraph 1 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

(b) for paragraph 6 thereof there shall be substituted

the following

“6. (1) After six months of continuous service, 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 Cap. 318.

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) After six months of continuous service,

a whole-time employee shall in every calendar year be

entitled to the equivalent in hours of a further period of

fifteen 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 -

B

(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) For the purpose of this paragraph, an

interruption of employment of not more than two

months shall not be deemed to break the continuity

of service.

(5) 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.”.

L.N. 247 of 2003.

(c) Paragraph 7 thereof shall be deleted, and

paragraphs 8 to 15, both inclusive, shall be renumbered as 7

to 14 respectively.

€0.28