BEVERAGE INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

SUBSIDIARY LEGISLATION 452.151

BEVERAGE INDUSTRIES (CONDITIONS OF WORK)

REGULATION ORDER

*

LEGAL NOTICE 122 of 2026.

(1)

The title of this Order is the Beverage Industries

(Conditions of Work) Regulation Order.

(2)

This order shall come into force within two (2) months

from its date of publication in the Gazette.

(3)

The provisions of this order shall apply to all employees

in any undertaking, that consists wholly or mainly in part of the

bottling or production of distilled spirits, wines, malt liquors, soft

drinks and carbonated beverages, and to any other activity insofar as it

is incidental or ancillary thereto, without prejudice to the generality of

the foregoing

(a)

the distillation of ethyl alcohol for all purposes,

and the distilling, rectifying and blending of alcoholic liquors;

(b)

the production

of

wines,

cider,

perry

or

other fermented beverages;

(c)

the production of malt or malt liquors, including

beer, ale, porter and stout;

(d)

the manufacture of non-alcoholic beverages,

including soft drinks and carbonated mineral waters

Provided that where a collective agreement applies to

any class of employees covered by this order, the more favourable

conditions in such agreement or in this order shall prevail.

In this order, unless the context otherwise requires:-

"Act" means the Employment and Industrial Relations Act;

"collective agreement" shall have the same meaning as assigned

to it in the Act;

"customary holidays" means days, other than Sundays, declared

for the time being to be public holidays under the National Holidays

and other Public Holidays Act;

"double-time" means twice the minimum time rate applicable to

*Not yet in force.

the employee;

"hours of work" shall have the same meaning as assigned to it in

the Act;

"outside worker" means a person employed principally outside

the factory in the distribution and delivery of the employer’s products

and the collection of the employer’s empty bottles and boxes;

"part-time employee" shall have the same meaning as assigned to

it in the Act;

"shift employee" means an employee who is regularly engaged

on alternate day and night shift work on a regular cycle basis;

"time-and-a-half" means one and a half times the minimum

time rate 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;

"whole-time employee" shall have the same meaning as assigned

to it in the Act.

The minimum weekly remuneration shall be related to a

week of not more than

(a)

forty (40) hours of work in the case of whole-time

employees other than a watchperson; and

(b)

fifty-two (52) hours of work in the case of a

watchperson, spread over a week of six (6) days.

The minimum weekly wages payable to whole-time

employees shall be as follows

(a)

€298.27 x €0.58c -

watchperson......................

€299.43

(b)

other

€232.35 x €0.58c -

employees..................

€233.51

Provided that where the remuneration is incremental, the

increment shall be awarded annually.

(1)

Where an employee is required to wear a uniform

in the performance of his duties, the employer shall provide such

uniform free of charge.

(2)

Personal protective equipment according to the

Minimum Requirements for the use of Personal Protective Equipment

at Work Regulations shall also be provided free of charge by the

employer.

Whole-time employees, other than watchpersons, shall

be entitled to daily intervals for meals and rest of

(a)

not less than one (1) hour in the aggregate in the

case of inside workers;

(b)

not less than one and a half (1½) hours in the

aggregate in the case of outside workers.

All employees shall be entitled to a weekly rest period in

accordance with the Organisation of Working Time Regulations.

(1)

Whole-time employees, other than watchpersons,

outside workers or shift workers shall be entitled to remuneration at

overtime rates as follows

(a)

for all time worked in excess of

forty (40) hours in any calendar week

time-and-a-half;

(b)

for all time worked in excess of

eight (8) hours on any day of a five (5) day

time-and-a-half;

week...............................................................

(c)

for all time worked in excess of

eight (8) hours on any day of a five-and-a-half

time-and-a-half;

(5½) day week................................................

(d)

for all time worked on any

customary holiday falling on a day other than a

time-and-a-half;

Saturday or a Sunday....................................

(e)

for all time worked on Sundays or

on any customary holiday falling on a

double-time

Saturday..........................................................

Provided that any overtime due in accordance with the

provisions of sub-paragraph (b) or (c) overtime shall be payable only if

the total time worked in any calendar week is not less than forty (40)

hours

Provided further that any reduction in hours shall not be

attributable to an employer’s order or to a customary holiday falling on

a working day.

(2)

Whole-time outside workers may be entitled to overtime

remuneration on a commission basis

Provided that such overtime remuneration may be offset

against any commission paid to the employee, provided that the amount

of such commission is not less than the overtime remuneration due to

the employee at the following rates

(a)

for all time worked in excess of

time-and-a-half;

forty (40) hours in any calendar week

(b)

for all time worked on any

customary holiday falling on a day other than

time-and-a-half;

a Saturday or a Sunday ..............................

(c)

for all time worked on Sundays

or on any customary holiday falling on a

double time.

Saturday

(3)

Shift workers shall be entitled to remuneration at

overtime rates as follows

(a)

for all time worked in excess of

time-and-a-half;

forty (40) hours in any calendar week

(b)

for all time worked on any

customary holiday falling on a day other

time-and-a-half;

than

a

Sunday...........................................................

(c)

for all time worked on a

Sunday being in excess of forty (40) hours in

double-time.

any

calendar

week

(4)

Watchpersons shall be entitled to remuneration at

overtime rates as follows

(a)

for all time worked in excess of

time-and-a-half;

fifty-two (52) hours in any calendar week

(b)

for all time worked on any

customary holiday, including Sundays, in

double-time.

excess of fifty-two (52) hours in any

calendar week ...............................

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 sick leave on full pay the equivalent in hours of

twelve (12) days, less an amount equal to the sum established for

sickness benefit entitlement at the rate determined in accordance with

the Social Security Act, and part-time employees shall be entitled to a

pro rata sick leave entitlement in hours on full pay, less an amount

equal to the sum established for sickness benefit entitlement at the rate

determined in accordance with the Social Security Act, which amount

is also to be calculated on a pro rata basis

Provided that

(a)

the first three (3) 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 submitted 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 sick leave;

(c)

employees receiving a social security pension for

retirement or widowhood in accordance with the Social

Security Act shall, for the purpose of calculating the sick leave

pay, be deemed to have received an amount equal to the sum

established for sickness benefit entitlement at the rate set in

accordance with the Social Security Act.

(2)

Sick leave entitlements in accordance with this shall

apply from the first (1) day of employment

Provided that the said entitlement shall be calculated pro

rata in accordance with the date of employment in the relative

calendar year.

(3)

When a whole-time employee is in employment for less

than twelve (12) months during any calendar year, he shall be entitled

to such part of the said sick leave in proportion to the number of

months in employment.

(4)

The employer may require a medical certificate from a

physician of his choice to certify incapacity for work during the period

of absence.

(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 national holidays and all

public holidays with full pay, to all forms of leave in accordance with

the Minimum Special Leave Entitlement Regulations, and to any other

forms of leave that may from time to time be stipulated in the National

Standard Order or any regulations made under the Act.

The Beverage Industries Wages Council Order and the

Beverage Industries Wages Council Wage Regulation Order are hereby

repealed without prejudice to anything done or omitted to be done

thereunder.