TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

INDUSTRIES (CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.156

TRANSPORT EQUIPMENT, METAL AND ALLIED

INDUSTRIES (CONDITIONS OF WORK)

REGULATION ORDER

*

LEGAL NOTICE 127 of 2026.

(1)

The title of this order is the Transport Equipment,

Metal and Allied 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 established in this order shall apply to all

employees in all factories engaged in the manufacture of transport

equipment, metal and allied products, being factories engaged in any

of the following

(a)

the manufacture of metal products other than the

manufacture of clocks and watches, scientific and optical

goods, silverware and jewellery, but including the plating and

polishing of metal products;

(b)

the manufacture of machinery;

(c)

the manufacture of electrical machinery;

(d)

the manufacture of transport equipment including

the repair, rebuilding and retreading of tyres, but excluding the

manufacture wholly or mainly of boats of wood and motor-

vehicle bodies;

(e)

scrap-metal works including the cutting, sorting,

crushing, breaking up or baling of metals;

(f)

the repairs of television sets and radios;

(g)

the manufacture of fishing flies

Provided that the provisions of this order shall not apply

to any employees engaged in the installation, erection and fitting of

transmission and distribution equipment for electric energy, gas or

water, whether inside or outside buildings

Provided further that in the event that there is a collective

agreement applicable to the class of employees covered by this Order,

*Not yet in force.

INDUSTRIES (CONDITIONS OF WORK)

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 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;

"day" means a period running from midnight (12:00 a.m.)

of one day to midnight (12:00 a.m.) of the next following day;

"double time" means twice the actual time rate applicable

to the employee;

"factory" shall include "workshop", whether or not such

workshop forms part of any establishment solely or mainly

engaged in activities described in paragraphs (a) to (g) of article

1(3), and means any premises wherein or within the close or

curtilage or precincts of which an employee or employees

perform manual labour in any process for or incidental to any of

the following purposes, namely

(a)

the making of any article or part of any

article;

(b)

the altering, repairing, ornamenting,

finishing, cleaning or washing, or the breaking up or

demolition of any article; or

(c)

the adapting for sale of any articles,

being premises wherein, or within the close or

curtilage or precincts of which, work is carried out by

way of trade or for the purpose of gain, and to or over

which the employer of the employees employed therein

has the right of access or control;

"half day" means a period running from midnight to noon,

or from noon to midnight;

"hours of work" shall have the same meaning as assigned

to it in the Act;

"manufacture" shall include the repair of goods;

INDUSTRIES (CONDITIONS OF WORK)

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

assigned to it in the Act;

"period of employment" shall have the same meaning as

assigned to it in the Act;

"shift employees" means employees in any factory to

whom this order applies who normally are required to be at the

disposal of their employer twenty-four (24) hours a day;

"time-and-a-half" means one and a half time 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;

"week" means a calendar week;

"rest period" shall have the same meaning as assigned to

it in the Organisation of Working Time Regulations;

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

assigned to it in the Act.

The minimum weekly wage shall be related to a working

week as follows

(a)

in the case of all employees, other than

watchpersons and night shift workers, to forty (40) hours

distributed over a week of five (5) days;

(b)

in the case of watchpersons to sixty (60) hours;

(c)

in the case of workers actually working on night

shift, to thirty-seven and a half (37½) hours.

The minimum weekly wage payable to all whole-time

employees, including learners shall be the following

(a)

watchpersons...........................................€345.92;

(b)

other whole-time employees....................€230.61

Provided that

(a)

where an establishment operates on a

working week of less than forty (40) hours, the minimum

wage stipulated above shall apply; and

(b)

an employee who in any week, is employed

INDUSTRIES (CONDITIONS OF WORK)

for a number of hours less than the number of hours to

which his minimum weekly remuneration relates in

accordance with the provisions of article 3, shall be paid

pro rata on an hourly rate not less than that applicable to

him, namely the appropriate weekly rate divided by the

number of hours per week applicable to his establishment.

Employees working on a shift system shall be paid a shift

premium of two euro and thirty-three cents (€2.33) per week for

working the first (morning) shift or the second (afternoon) shift.

Employees working the third (night) shift shall be paid at time and a

quarter normal rate.

(1)

When the employee is required by the employer to

wear a uniform in the performance of his duties, such uniform shall be

provided by the employer 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 by the employer free of charge.

All whole-time employees, other than watchpersons, shall

be allowed intervals for meals and rest of not less than, in the

aggregate, one (1) hour per day

Provided that

(a)

subject to the provisions of paragraph (b), the

interval or intervals shall be allowed after the first or before the

last hour of the period of employment; and

(b)

where the last half hour of the period of

employment is allowed as a half hour of rest, the employees

shall be entitled to leave the place of work as soon as that half

hour starts.

All employees shall be entitled to a rest period according

to the Organisation of Working Time Regulations.

(1)

Watchpersons shall be entitled to overtime at the

rate of time-and-a-half for all time worked in excess of sixty (60) hours

over a period of six (6) consecutive days and for all time worked on the

seventh day and shall be entitled to overtime pay at the rate of double-

time for all time worked on a customary holiday or vacation leave not

utilised.

(2)

Shift employees shall be entitled to overtime

remuneration at the rate of time-and-a-half in respect of all time

worked in excess of an average of forty (40) hours in the case of day

and afternoon shifts, and thirty-seven and a half (37½) hours in the case

of night shift, where in any cycle of two or three weeks, as the case may

INDUSTRIES (CONDITIONS OF WORK)

be, the weekly average number of hours of work exceeds forty (40)

hours or thirty-seven and a half (37½), as the case may be.

(3)

All employees, other than those specified in sub-articles

(1) and (2), shall be entitled to overtime remuneration as follows

(a)

for all time worked in excess of forty (40) hours in

any week........................................................... time-and-a-half;

(b)

for all time worked in excess of eight (8) hours on

any day other than a Sunday or a customary

holiday............................................................. time-and-a-half;

(c)

for all time worked on Sundays, customary

holidays

or

vacation

leave

not

granted...................................................................double time.

(4)

When the normal number of working hours per week of

an employee is less than forty (40) hours, such overtime rate shall be

paid for all time worked in excess of his normal number of working

hours in any one (1) week.

The employee shall be entitled to annual leave according

to 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 established 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 established 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 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 established for sickness benefit entitlement at

INDUSTRIES (CONDITIONS OF WORK)

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 established 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 half pay, less an amount equal to

half the sum established 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 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 half the sum established for sickness benefit entitlement at the

rate determined in accordance with the Social Security Act.

(3)

Sick leave entitlements shall apply from the first day of

employment

Provided that the said entitlements 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 that the employee was unfit 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.

An employee shall be entitled to the payment of the

minimum wage applicable to him for all time during which he is

present on the premises of his employer or in any other place in

connection with his employment unless he is present there in any of the

following circumstances

(a)

without the employer’s express or implied consent;

INDUSTRIES (CONDITIONS OF WORK)

(b)

for some purpose unrelated with his work and

other than that of waiting for any work to be assigned to him;

(c)

solely by reason of the fact that he is resident

there;

(d)

during normal meal times in a room or place in

which no work is being carried out and he is not waiting for any

work to be assigned to him.

Employees shall be entitled to the national holidays and

to all public holidays with full pay, to all forms of leave according to

the Minimum Special Leave Entitlement Regulations and all other

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

National Standard Orders or regulations made under the Act.

The Transport Equipment, Metal and Allied Industries

Wages Council Order and the Transport Equipment, Metal and Allied

Industries Wages Council Wage Regulation Order are hereby repealed

without prejudice to anything done or omitted to be done thereunder.