SEXTONS AND CUSTODIANS (CONDITIONS OF WORK) REGULATION ORDER

(CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.159

SEXTONS AND CUSTODIANS (CONDITIONS OF

WORK) REGULATION ORDER

*

LEGAL NOTICE 130 of 2026.

(1)

The title of this order is the Sextons and

Custodians (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

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

prevail.

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;

*Not yet in force.

(CONDITIONS OF WORK)

"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

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

employees shall be two hundred twenty-nine euro and forty-four cents

(€229.44).

(1)

When the employee is required 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 in accordance with the

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 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

(CONDITIONS OF WORK)

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

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

(CONDITIONS OF WORK)

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

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

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

with 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 Sextons and Custodians Wages Council Order and

the Sextons and Custodians Wages Council Wage Regulation Order are

hereby repealed without prejudice to anything done or omitted to be

done thereunder.