Regulation Order (Amendment) Order, 2010

L.N. 151 of 2010

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Tobacco Manufacture Industry 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 Tobacco Manufacture

Industry Wages Council Wage Regulation Order (Amendment)

Order, 2010 and it shall be read and construed as one with the

Tobacco Manufacture Industry 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 10 thereof, except for sub-paragraph

(iii) thereof, there shall be substituted the following

“10. (1) After six months in employment, a

whole-time employee shall be entitled to the equivalent

in hours of six 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) After six months in employment, a

whole-time employee shall be entitled to the equivalent

in hours of a further 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) After twelve months in employment, 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.

(4) After twelve months in employment, a

whole-time employee shall in every calendar year be

entitled to the equivalent in hours of a further twelve

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.

(5) The employer may require a medical

certificate by his own physician to certify incapacity for

work during the period of absence.

(6) 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.”.

B

(c) Sub-paragraph (iii) of paragraph 10 thereof shall

commence with the words “Whole-time employees shall be

entitled to.”.

€0.47