HOSPITALS AND CLINICS (CONDITIONS OF WORK) REGULATION ORDER

(CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.166

HOSPITALS AND CLINICS (CONDITIONS OF WORK)

REGULATION ORDER

*

LEGAL NOTICE 138 of 2026.

(1)

The title of this order is the Hospitals and Clinics

(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 any private hospital, nursing or convalescent home,

dental or other clinic including dental mechanics and medical or

nursing institutions or similar establishments

Provided that this order shall not apply to employees

whose remuneration for service is regulated by a fee established under

any other law

Provided further 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 that agreement or in this order shall

prevail.

In this Order, unless the context otherwise requires

"Act" means the Employment and Industrial Relations

Act;

"clinic" means any establishment, other than a hospital,

where persons attend for medical examination or treatment , and

shall include ante-natal clinics, X-ray clinics and medical

laboratories, but excludes any institution which is not run as a

profitable concern

Provided that where a clinic is situated within a

pharmacy, the employees of such pharmacy shall not be deemed

to be employees of that clinic;

"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

under the National Holidays and other Public Holidays Act;

*Not yet in force.

(CONDITIONS OF WORK)

"double time" means double the actual time rate payable

to the employee;

"hospital" means any institutution providing medico-

surgical treatment, any maternity home or hydropathic

establishment, including homes for elderly persons and

sanatoria but excluding such charitable institutions identified as

may be identified by the Minister responsible for employment

and industrial relations;"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;

"period of employment" 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;

"semi-skilled worker" means a worker who would

otherwise be classified as a skilled worker but has not undergone

an apprenticeship in the trade;

"shift employee" means an employee who is regularly

engaged on alternating periods of work in accordance with a

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

the actual time rate payable 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.

Whole-time employees shall not be paid less than the

rates of pay applicable to their grade as follows

CATEGORY A - (Employees who by the nature of their

duties ordinarily come into direct contact with patients)

Hospital /Clinic Attendant

€11,930.91 per annum rising by increments of €55.90 up

to a maximum of €12,303.61 per annum.

Enrolled Nurse

(CONDITIONS OF WORK)

€12,194.12 per annum rising by annual increments of

€83.86 until it reaches a salary of €13,209.45 per annum.

This salary applies to those employees who by the nature

of their duties administer medical care to patients.

Staff Nurse/State Registered Nurse

€12,678.64 per annum rising by increments of €83.86

per annum until it reaches a salary of €13,028.88 per annum

and thereafter by increments of €111.81 per annum up to a

maximum of €13,722.83 per annum

Provided that State Registered Nurses who in

addition to their normal duties also perform the work of a

midwife shall be entitled to an increase of €111.81 per annum

in addition to their normal salary.

CATEGORY B - (Employees who by the nature of their

duties do not ordinarily come into direct contact with patients.)

Hospital Auxiliaries

(a)

Servants and Laundry Employees

€229.44 per week rising by annual increments of €1.16

per week up to a maximum of €235.24 per week.

(b)

Fatiguemen/Fatiguewomen/Labourers/Caretakers/

Gate-keepers

€232.35 per week rising by annual increments of €1.75

per week up to a maximum of €237.60 per week.

The duties of a gate-keeper shall consist only of

controlling entry to and exit from the hospital grounds.

Semi-Skilled Workers

€237.01 per week rising by annual increments of €1.75

per week up to a maximum of €242.26 per week.

Skilled Workers

€239.34 per week rising by annual increments of €1.75

per week up to a maximum of €247.49 per week.

Non-Industrial Employees

(including

appointments

clerk, clerk/clerk typist)

€233.52 per week rising by annual increments of €1.75

per week up to a maximum of €243.42 per week.

(CONDITIONS OF WORK)

CATEGORY C

Dental Auxiliaries

During the first year of employment in the profession, an

employee under the age of eighteen (18) years shall receive a

minimum wage of €229.44 per week; after the first year of

employment in the profession, the wages per week shall not be

less than €232.93 per week, rising by annual increments of

€1.28 per week up to a maximum of €239.33 per week.

Dental Laboratory Assistants

€232.35 per week rising by annual increments of €1.75

per week up to a maximum of €237.60 per week.

Dental Mechanics

Where a Dental Mechanic in possession of a qualification

recognised by the Advisory and Executive Board performs work

on the construction of dentures and other related work, whether

or not he also performs all or any of the following additional

duties, namely the construction of obturators, splints for

fractures, chrome cobalt prosthesis, precision attachment bridge

work and porcelain fused to gold bridge work, he shall be

entitled to a salary of €12,678.64 per annum, rising by annual

increments of €83.86 up to €13,028.87 per annum, and

thereafter by annual increments of €111.81 up to a maximum of

€13,722.66 per annum.

In the case of a Dental Mechanic not in possession of the

required qualifications, the employee shall receive a wage of

€239.34 per week, rising by annual increments of €1.75 per

week up to a maximum of €245.75 per week.

Whole-time employees shall be paid overtime at the

following rates

(1)

Hospitals

(a)

for all time worked in excess of the ordinary hours

of work on any day of the week, including any weekly day of

rest

except

Sundays

or

customary

holidays............................................................. time-and-a-half;

(b)

for all time worked on Sundays or customary

holidays................................................................... double-time.

(2)

Clinics

(a)

for all time worked in excess of the ordinary hours

(CONDITIONS OF WORK)

of work on any day except Sundays or customary

holidays............................................................ time-and-a-half;

(b)

for all time worked on Sundays or customary

holidays..................................................................double-time.

The ordinary hours of work of all whole-time employees

in any establishment or organisation shall not exceed in the aggregate

forty (40) hours of work in any one (1) week, and the minimum wage

of such employees shall be related to a week of not more than forty

(40) hours of work

Provided that

(a)

the ordinary hours of work of whole-time shift

employees in any hospital shall be arranged within a continuous

period of employment determined by the employer in

agreement with the employees, in accordance with a roster

prepared by the employer;

(b)

the ordinary hours of work of whole-time

employees other than shift workers employed in any hospital

shall be arranged within a continuous period of employment of

not more than nine (9) hours on any one (1) day inclusive of the

rest period; and

(c)

the ordinary hours of work of whole-time

employees employed in any clinic shall be arranged between

the times of 8.00 a.m. and 7.00 p.m. on any one (1) day from

Monday to Friday. On Saturday the hours of work shall be

between the times of 8.00 a.m. and 1.00 p.m.

An employee shall be entitled to the payment of the

minimum remuneration applicable to him for all times during which he

is present on the premises of his employer unless he is present there in

any of the following circumstances

(a)

without the employer’s express or implied

consent;

(b)

for some purpose not related with his work, other

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

(c)

solely due to the fact that he is a resident there;

(d)

during recognised breaks for meals and rest,

provided that he is not waiting for work to be given to him to

assigned to him.

All whole-time employees employed in any hospital

shall be entitled to the following free of charge

(CONDITIONS OF WORK)

(a)

one main meal on each working day, either at

midday or in the evening;

(b)

tea in the morning and in the afternoon;

(c)

uniforms, overalls or any other outerwear,

including protective clothing which employees are required to

wear by the employing organisation

Provided that where employees do not avail

themselves of their right to free meals, they shall not be entitled

to any pecuniary compensation in substitution therefor.

(1)

Whole-time employees in any hospital shall be

allowed intervals for meals and rest of not more than, but not less than,

in the aggregate, one (1) hour on any one (1) day.

(2)

Whole-time employees in any clinic shall be allowed

intervals for meals and rest of not less in the aggregate than one (1)

hour on any one (1) day.

All employees shall be entitled to a weekly rest period in

accordance with the Organisation of Working Time Regulations.

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 thirty (30) 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 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 sick

leave shall be submitted to the employer on the day of return to

work or, if such period of sick leave is longer than 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

(CONDITIONS OF WORK)

leave payment due, be deemed to have received an amount

equal to the sum established 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 thirty (30) days sick

leave on half pay, less an amount equal to half the sum established for

the 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 on half pay, less an amount equal to half

the sum established for the 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 submitted to the employer on the day of return

to work or, if such period of sick leave is longer than 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 (1) day

of employment

Provided that the said entitlement shall be calculated pro

rata according to the date of employment in the relative calendar.

(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 such 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.

Whenever whole-time employees sustain any injury or

contract any disease while on duty they shall be entitled to leave on

full pay less the full amount of any benefit to which such employees

may be entitled in accordance with the Social Security Act, for the

(CONDITIONS OF WORK)

whole duration of such an injury or disease

Provided that the injury or the disease shall

(a)

be sustained or contracted by the employee during the

actual discharge of his duties;

(b)

not be sustained or contracted owing to negligence on the

employee’s part;

(c)

be specifically attributable to the nature of the employee’s

duties, where such duties are specified by the employer or by a person

acting on behalf of the employer.

Employees shall be entitled to full pay on national

holidays and all public holidays, 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 Hospitals and Clinics Wages Council Order and the

Hospitals and Clinics Wages Council Wage Regulation Order are

hereby repealed without prejudice to anything done or omitted to be

done thereunder.