Order (Amendment) Order, 2010

L.N. 137 of 2010

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Food Manufacture Industries 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 Food Manufacture Industries

Wages Council Wage Regulation Order (Amendment) Order,

2010 and it shall be read and construed as one with the Food

Manufacture Industries Wages Council Wage Regulation Order,

1991 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 9 thereof there shall be substituted

the following

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

calendar year be entitled to the equivalent in hours of

twelve 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. ”.

€0.19