AGRICULTURE AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.50

AGRICULTURE AND ALLIED INDUSTRIES WAGES

COUNCIL WAGE REGULATION ORDER

8th August, 1977

LEGAL NOTICE 99 of 1977, as amended by Legal Notices 121 of 1978

111 of 1990, 427 of 2007, 145 of 2010, 362 of 2012, 334, 444 of 2013, 482

of 2014, 5 of 2016, 97 and 383 of 2017, 104 and 351 of 2019, 469 of 2020

464 of 2021, 335 of 2022, 286 of 2023, 341 of 2024 and 288 of 2025.

The title of this Order is Agriculture and Allied Industries

Wages Council Wage Regulation Order.

1. In this Schedule, unless the context otherwise requires -

"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;

"hours of work" means the time on any one day during which the

employees are at the disposal of the employer, exclusive of

intervals allowed for meals and rest;

"time-and-a-half" and "double-time" mean respectively one and a

half times and twice the actual time rates applicable to the

employee;

"wages" means remuneration or earnings payable in money to an

employee by an employer;

"week" means a calendar week;

"part-time employee" means an employee whose normal hours of

work, calculated on a weekly basis or on average over a period of

employment of up to one year, are less than the normal hours of

AGRICULTURE AND ALLIED INDUSTRIES

WAGES COUNCIL WAGE REGULATION

work of a comparable whole-time employee and who is not a

whole-time employee with reduced hours;

"watchman" means a person who guards his employer’s property

against fire, theft, illegal entry and similar contingencies;

"whole-time employee'' means an employee who is deemed to be

a whole-time employee in terms of any recognized conditions of

employment.

2. The minimum weekly wages payable to whole-time

employees shall be related to a week of not more than -

(a) forty hours in the case of employees other than

watchmen;

(b) fifty-two hours in the case of watchmen.

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Agriculture and Allied

Industries Wages Council operates.

The minimum weekly wages payable to whole-time

employees shall be as follows -

(a) watchmen employed wholly or mainly on indoor

duties ..................................................... €229.44

(b) watchmen employed wholly or mainly on outdoor

duties ..................................................... €231.77

(c) other employees

At age 18 years or over ........................... €229.44

At age 17 years ...................................... €222.66

At age 16 years ...................................... €219.82.

Whole-time employees shall be allowed intervals for meals

and rest of not less in the aggregate than one hour on any one day.

Whole-time employees shall be entitled to one day of rest

in every period of seven consecutive days.

Whole-time employees shall be entitled to the payment of

overtime as follows -

(a) Watchmen -

(i)

for every hour worked in excess of nine hours on

any one day, except a Sunday .... time-and-a-

half;

(ii) for all hours of work on a Sunday .. double time;

(iii) for all time worked on a customary holiday

...................................................... double time;

(iv) for any hours worked in excess of fifty-two

hours on any one week, exclusive of any hours

for which overtime is payable in terms of the

preceding provisions ................ time-and-a-half.

(b) Employees other than watchmen -

(i)

for every hour worked in excess of eight hours

on any one day, except the weekly day of rest of

the employee ........................... time-and-a-half;

(ii) for all hours worked on the weekly day of rest of

the employee ................................. double time;

(iii) for all time worked on a customary holiday

..................................................... double time;

(iv) for every hour worked in excess of forty hours

on any one week, exclusive of any hours for

which overtime is payable in terms of the

preceding provisions ................ time-and-a-half.

(1) In addition to the minimum weekly rest to which

whole-time employees may be entitled under paragraph 5, whole-

time employees shall be entitled to the National Holidays and to all

public holidays with full pay, and to the following vacation leave

not being less than -

(a) four working weeks and one working day during the

calendar years 1988 and 1989;

(b) four working weeks and two working days during the

calendar year 1990;

(c) four working weeks and three working days during the

calendar year 1991;

(d) four working weeks and four working days during the

calendar year 1992 and during any calendar year

thereafter

Provided that when a whole-time employee is in

employment for less than twelve months during any calendar year,

he shall be entitled to such part of the said vacation leave as is in

proportion to the number of months in employment.

(2) For the purposes of this paragraph "vacation leave" means

leave with pay which may be availed of on days agreed upon

between the employer and the employee provided that one working

day during 1988 and 1989, two working days during 1990, three

working days during 1991 and four working days during 1992 and

during any other calendar year thereafter shall not form part of any

shutdown and shall be granted by the employer as optional leave in

addition to any optional leave the employee may have been entitled

to on the 9th November, 1988.

(1) After one year’s service, a whole-time employee shall

in every calendar year be entitled to the equivalent in hours of

twelve days sick leave on full pay, less an amount equal to the sum

set for sickness benefit entitlement at the rate established under 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

established under the Social Security Act, which amount is also to

be calculated on a pro rata basis

Provided that -

(a) the first three 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 is longer than seven days,

within seven days of the onset of sick leave absence;

(c) employees in receipt of 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 pay due, be deemed to have

received an amount equal to the sum set for sickness

benefit entitlement at the rate established under the

Social Security Act.

(2) The employer may require a medical certificate by his own

physician to certify incapacity for work during the period of

absence.

(3) The sick leave entitlement granted by virtue of this

paragraph shall be calculated on the basis provided for annual leave

as specified in regulation 8(1) of the Organisation of Working Time

Regulations.

Whole-time employees shall be entitled to two days leave

with pay on the occasion of the death of any of these relatives

father, mother or the person who at the time of death was acting as

father or mother of the employee, wife, husband, son, daughter,

brother and sister.

A whole-time employee shall be entitled to one day leave

with pay on the occasion of the birth of a child to his wife.

Whole-time employees shall be entitled to three working

days leave on full pay on the occasion of their marriage.

Whole-time employees shall be entitled to one year injury

leave on full pay, less the full amount of any injury benefit to which

such employee may be entitled in terms of the Social Security Act,

if he is injured during the actual discharge of his duty and not due

to contributory negligence on his part or to any contravention of

safety rules laid down by the management.

Whole-time employees called for jury service shall be

allowed all the necessary time off on full pay to attend the Court on

such service.

Part time employees shall be entitled to a minimum hourly

rate calculated pro rata in accordance with the provisions of

paragraphs 2 and 3 of this Schedule.

In cases where the retiring age of a male employee is

expected at the age of sixty years, such employee shall be given the

opportunity by his employer to retain his employment beyond this

age at least until the age of sixty-one years, provided that the

employee in question shall still be allowed, if he so wishes, to retire

at the age of sixty years.

EXPLANATORY NOTE

(This note is not part of the Schedule, but is intended to indicate

its applicability).

The above provisions apply to all employees in any undertaking

or part of an undertaking the activities of which consist wholly or

mainly in any of the following

Agriculture, horticulture, floriculture and viticulture, the breeding

and rearing of livestock, poultry, rabbits, the keeping of bees and

the processing of dairy products and products of a similar nature.