Regulation Order, 2026
Table of Provisions (13)
Statutory Text (13 Articles)
L.N. 130 of 2026
EMPLOYMENT AND INDUSTRIAL RELATIONS ACT
(CAP. 452)
Sextons and Custodians (Conditions of Work)
Regulation Order, 2026
IN EXERCISE of the powers conferred by article 4(1) of the
Employment and Industrial Relations Act, the Minister responsible for
employment and industrial relations has made the following order:-
(1) The title of this order is the Sextons and Custodians
(Conditions of Work) Regulation Order, 2026.
(2) This order shall come into force within two (2) months
from its date of publication in the Gazette.
(3) The provisions established in this order shall apply to all
sextons and custodians of churches, museums or buildings open for
exhibitions to the public
Provided that in the event that there is a collective
agreement applicable to the class of employees covered by this order,
the more favourable conditions in such agreement or in this order shall
In this order, unless the context otherwise requires
"Act" means the Employment and Industrial Relations Act;
"custodian" means a person wholly employed to take care
of a church, museum or other building and any person
principally engaged in the cleaning, maintenance or security of
such church, museum or other building;
"customary holidays" means the days, other than Sundays,
declared for the time being to be public holidays by, or under the
National Holidays and other Public Holidays Act;
"double-time" means double the actual time rates
applicable to the employee;
"hours of work" shall have the same meaning as assigned to
it in the Act;
"part-time employee" shall have the same meaning as
assigned to it in the Act;
"rest period" shall have the same meaning as assigned to it
in the Organisation of Working Time Regulations;
"time-and-a-half" means one and a half times the actual
time rates applicable to the employee;
"wages" means remuneration or earnings, payable by an
employer to an employee and includes any bonus payable under
article 23 of the Act, other than any bonus or allowance related
to performance or production;
"week" means a calendar week;
"whole-time employee" shall have the same meaning as
assigned to it in the Act.
(1) The hours of work of sextons shall be five hundred Hours of work.
and twenty (520) hours distributed over a period of thirteen (13) weeks
commencing from the first week of every quarter, provided that the
hours of work shall not exceed sixty (60) hours in any one (1) week,
with one (1) day of rest every week.
(2) The hours of work shall be distributed over six (6) days, so
that sextons shall be entitled to at least one (1) day of rest in every
period of seven (7) consecutive days.
(3) The hours of work of custodians shall be forty (40) hours
distributed over a period of six (6) days, so that custodians shall be
entitled to one (1) day of rest in every period of seven (7) consecutive
days.
The minimum weekly wage payable to whole-time Minimum
employees shall be two hundred twenty-nine euro and forty-four cents wages
whole-time
(€229.44).
employees.
(1) When the employee is required to wear a uniform in Uniform
the performance of his duties, such uniform shall be provided by the allowance.
employer free of charge.
(2) Personal protective equipment in accordance with the S.L. 646.13.
Minimum Requirements for the use of Personal Protective Equipment
at Work Regulations shall also be provided by the employer free of
charge.
Whole-time employees shall be allowed intervals for meals Minimum daily
rest.
and rest of not less in the aggregate than an hour (1) on any one day.
All employees shall be entitled to a rest period in
accordance with the Organisation of Working Time Regulations.
(1) Whole-time sextons shall be entitled to the payment
of overtime at time-and-a-half for any hours worked in excess of sixty
(60) hours in every one (1) week and, or for any hours worked in
excess of five hundred and twenty (520) hours over any period of
thirteen (13) consecutive weeks, exclusive of one (1) day of rest every
week.
(2) Whole-time custodians shall be entitled to the payment of
overtime at time-and-a-half for any hours worked in excess of forty
(40) hours in every one (1) week, exclusive of one (1) day of rest every
week.
(3) All whole-time employees shall be entitled to the payment
of overtime at double time for any hours worked on the weekly day of
rest.
The employee shall be entitled to annual leave in
accordance with the Organisation of Working Time Regulations.
(1) A whole-time employee shall in every calendar year
be entitled to the equivalent in hours of twenty (20) days sick leave on
full pay, less an amount equal to the sum set for sickness benefit
entitlement at the rate determined in accordance with 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 determined in
accordance with the Social Security Act, which amount shall also be
calculated on a pro rata basis
Provided that
(a) the first three (30) days of any claim for sick leave
shall be paid in full by the employer;
(b) a medical certificate covering the period of absence
shall be produced to the employer on the day of return to work
or, if such period of absence exceeds seven (7) days, within
seven (7) days of the commencement of such absence due to sick
leave;
(c) employees receiving a social security pension in
respect of retirement or widowhood in accordance with the
Social Security Act shall, for the purpose of calculating the sick
leave payment due, be deemed to have received an amount equal
to the sum set for sickness benefit entitlement at the rate
determined in accordance with the Social Security Act.
(2) A whole-time employee shall in every calendar year be
entitled to the equivalent in hours of a further twenty (20) days sick
leave on half pay, less an amount equal to half the sum set for sickness
benefit entitlement at the rate determined in accordance with the
Social Security Act, and part-time employees shall have a pro rata Cap. 318.
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 determined
in accordance with the Social Security Act, which amount shall also be
calculated on a pro rata basis
Provided that -
(a) the first three (3) 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
shall be produced to the employer on the day of return to work
or, if such period of absence exceeds seven (7) days, within
seven (7) days of the onset of sick leave absence;
(c) employees in receipt of a social security pension in
respect of retirement or widowhood in accordance with the
Social Security Act shall, for the purpose of calculating the sick Cap. 318.
leave pay due, be deemed to have received an amount equal to
half the sum set for sickness benefit entitlement at the rate
established in accordance with the Social Security Act.
(3) Sick leave entitlements shall apply from the first (1) day of
employment.
Provided that the said entitlement shall be calculated pro
rata according to the date of employment in the relative calendar year.
(4) The employer may require a medical certificate by a
physician of his choice to certify incapacity for work during the period
of absence due to sick leave.
(5) The sick leave entitlement shall be calculated on the basis
provided for annual leave as specified in regulation 8(1) of the
Organisation of Working Time Regulations.
Employees shall be entitled to the national holidays and to Other forms of
all public holidays with full pay, to all forms of leave in accordance leave.
with the Minimum Special Leave Entitlement Regulations and all S.L. 452.101.
other forms of leave that may, from time to time, be stipulated in the
National Standard Orders or regulations made under the Act.
B B 1350
The Sextons and Custodians Wages Council Order and the
Repeal and
saving.
Sextons and Custodians Wages Council Wage Regulation Order are
hereby repealed without prejudice to anything done or omitted to be
done thereunder.
€0.45