FOOD MANUFACTURE INDUSTRIES (CONDITIONS OF WORK) REGULATION ORDER

(CONDITIONS OF WORK)

SUBSIDIARY LEGISLATION 452.168

FOOD MANUFACTURE INDUSTRIES (CONDITIONS

OF WORK) REGULATION ORDER

*

LEGAL NOTICE 140 of 2026.

(1)

The title of this order is the Food Manufacture

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 any undertaking or part of an undertaking, the activities

of which consist wholly or mainly in the manufacture of foodstuffs,

including bakeries, pasta factories, confectioneries and ice-cream

factories and of balanced fodder and other foodstuffs for animal

consumption

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;

"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;

"collective agreement" shall have the same meaning as

assigned to it in the Act;

"day" means a period running from 12:00a.m. of one day

to 12:00a.m. of the next following day;

"double time" means twice the actual time rate applicable

to the employee;

"half a day" means a period of twelve consecutive hours

beginning or ending at 1.00 p.m. or 1.00 a.m.;

"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;

"time and a half" means one and a half times 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 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.

(1)

The minimum weekly wage shall be related to a

week of not more than forty (40) hours in the case of all whole-time

employees other than watchpersons.

(2)

The minimum weekly wage in the case of watchpersons

shall be related to a week of not more than fifty-four (54) hours,

inclusive of on the spot breaks for meals.

(1)

The minimum weekly wage payable to whole-time

employees, other than watchpersons, shall be two hundred and twenty-

nine euro and forty-four cents (€229.44).

(2)

(a)

Watchpersons whose duties are mainly

performed indoors shall be paid a minimum weekly wage of

€309.74; and

(b)

Watchpersons whose duties are mainly

performed outdoors shall be paid a minimum wage of €312.07.

(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.

(CONDITIONS OF WORK)

Whole-time employees other than watchpersons, shall be

allowed intervals of not less, in the aggregate, than one (1) hour for

meals and rest in any one (1) day

Provided that

(a)

subject to the provisions of paragraph (b) of this

proviso, the interval or intervals shall be allowed after the first

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.

All employees shall be entitled to a rest period according

to the Organisation of Working Time Regulations.

(1)

Work on customary holidays shall be remunerated

at double time, or at normal time plus a day off in lieu, in addition to

the day or days of rest.

(2)

Whole-time employees, other than watchpersons, shall

be entitled to overtime remuneration as follows

(a)

for work in excess of forty (40) hours in any one

(1) week..............................................................time and a half;

(b)

for all time worked on the first pre-determined

day of rest of the week....................................... time and a half;

(c)

for all time worked on the second pre-determined

day of rest of the week............................................ double time.

(3)

Watchpersons shall be entitled to overtime remuneration

as follows

(a)

for work in excess of nine (9) hours daily or fifty-

four (54) hours weekly....................................... time and a half;

(b)

for work on the seventh day, being the weekly day

of rest.....................................................................double time.

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 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

(CONDITIONS OF WORK)

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 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 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 the rate

determined in accordance with the Social Security Act.

(2)

Sick leave entitlements shall apply from the first (1) day

of employment

Provided that the said entitlements shall be calculated pro

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

(3)

Whole-time employees employed for less than one (1)

year shall be entitled to paid sick leave in proportion to the number of

months in employment.

(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 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.

An employee shall be entitled to the payment of the

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

present on the premises of his employer or elsewhere 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 with 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;

(CONDITIONS OF WORK)

(d)

during normal meal times 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 under the Act.

The Food Manufacture Industries Wages Council Order

and the Food Manufacture Industries Wages Council Wage Regulation

Order are hereby repealed without prejudice to anything done or

omitted to be done thereunder.