HIRE OF CARS OR PRIVATE BUSES (CONDITIONS OF WORK) REGULATION ORDER

(CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.167

HIRE OF CARS OR PRIVATE BUSES (CONDITIONS

OF WORK) REGULATION ORDER

*

LEGAL NOTICE 139 of 2026.

(1)

The title of this order is Hire of Cars or Private

Buses (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 stipulated in the Schedule shall apply to

all employees in any undertaking or part of an undertaking, the

activities of which consist wholly or mainly in the hiring of cars or

private buses or in driving instruction

Provided that mechanics and petrol station attendants

shall be excluded from the provisions of this order

Provided further that in the event that there is a collective

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

the more favorable 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 to be public holidays by, or under the

National Holidays and other Public Holidays Act;

"day" means a period of twenty-four (24) consecutive

hours commencing from midnight of one day to midnight of the

following day;

"double time" means the actual time rate applicable to

the employee;

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

to it in the Act;

*Not yet in force.

(CONDITIONS OF WORK)

"normal time" means one time the actual time rate

applicable to the employee;

"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;"

time-and-a-half" means one-and-a-half the actual 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 working week from Monday to

Friday;

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

assigned to it in the Act.

(1)

No person shall cause or permit any person

employed by him or subject to this order to drive any car hire or private

hire bus

(a)

for any continuous period exceeding four (4)

hours;

(b)

for periods, none of which exceeds four (4) hours,

amounting in the aggregate to more than twelve (12) hours in

any period of twenty-four (24) hours commencing at midnight;

or

(c)

unless the driver has had at least nine (9) hours rest

in any period of twenty-four (24) hours calculated from the

commencement of any period of driving, of which at least six

(6) hours shall be consecutive.

(2)

The maximum weekly hours of work shall be

(a)

forty-two

(42)

in

the

case

of

clerks

or

receptionists;

(b)

forty-six (46) in the case of drivers, conductors or

attendants, and other employees;

(c)

sixty (60) in the case of watchpersons.

(CONDITIONS OF WORK)

(3)

The daily hours of work of the categories of employees

in sub-paragraph (2) shall be as follows, respectively

(a)

minimum four (4) hours, maximum eight (8)

hours;

(b)

minimum five (5) hours, maximum ten (10) hours;

(c)

twelve (12) hours.

The minimum weekly wage payable to whole-time

employees shall be as follows

(a)

clerk and receptionist.............................. €240.91;

(b)

drivers..................................................... €263.86;

(c)

conductors and attendants, and other employees

(other than watchpersons)............................................. €263.86

(d)

watchpersons

(i)

those whose duties are mainly performed

indoors............................................................... €344.16;

(ii)

those whose duties are mainly performed

outdoors............................................................. €346.49.

(1)

When the employee is required to wear a uniform

in the performance of the employee’s 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.

Save as provided for in sub-paragraph (1) of paragraph 3,

all whole-time employees, other than watchpersons, shall be entitled

for intervals for meals and rest of not less, in the aggregate, than one

(1) hour every day

Provided that

(a)

subject to paragraph (b) of this proviso, the

interval or intervals shall be allowed after the first (1) hour 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 employee

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

hour commences.

(CONDITIONS OF WORK)

All employees shall be entitled to a rest period according

to the Organisation of Working Time Regulations.

Whole-time employees shall be entitled to the payment of

overtime as follows

(a)

for all time worked in excess of the daily hours in

any one (1) day, other than on the day of rest or on customary

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

(b)

for all time worked on the day of rest or on

customary holidays.................................................. double time.

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 twelve (12) 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 hall 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 is 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 from the commencement of such absence

due to sick leave;

(c)

employees receiving a social security pension in

respect of retirement or widowhood in terms of 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 the rate

determined in accordance with the Social Security Act.

(2)

Sick leave entitlements shall apply from the first day of

employment

Provided that the said entitlement shall be calculated pro

rata in accordance with the date of employment in the relative calendar.

(3)

The employer may require a medical certificate by a

(CONDITIONS OF WORK)

physician to certify that the employee was unfit for work during the

period of absence due to sick leave.

(4)

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

actual remuneration 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 thereon in any of

the following circumstances

(a)

without the employer’s express or implied

consent;

(b)

for some purpose unrelated to his work, other than

that of waiting for work to be assigned to him;

(c)

solely due to the fact that he is resident thereon;

(d)

during recognised breaks for meals and rest, 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 any regulations made in accordance with

the Act.

The Hire of Cars or Private Buses Wages Council Order

and the Hire of Cars or Private Buses Wages Council Wage Regulation

Order are hereby repealed without prejudice to anything done or

omitted to be done thereunder.