TRANSPORT EQUIPMENT, METAL AND ALLIED INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.52

TRANSPORT EQUIPMENT, METAL AND ALLIED

INDUSTRIES WAGES COUNCIL WAGE

REGULATION ORDER

8th August, 1977

LEGAL NOTICE 101 of 1977, as amended by Legal Notices 123 of 1978,

24 of 1979, 45 of 1990, 427 of 2007, 138 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 Transport Equipment, Metal 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;

"day" means a period running from midnight of one day to

midnight of the next following day;

"half day" means a period running from midnight to noon, or

from noon to midnight;

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

employees are at the disposal of the employer, exclusive of the

intervals allowed for meals and rest;

"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

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

whole-time employee with reduced hours;

"period of employment" means the time in any day during which

employees are at the disposal of the employer, inclusive of the

intervals allowed for meals and rest;

"shift employees" means employees in any factory to which this

Schedule applies who normally are required to be at the disposal of

their employer twenty-four hours a day;

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

half times and twice the minimum time rate applicable to the

employee;

"wages" means remuneration or earnings, payable in money by

an employer to an employee;

"week" means a calendar week;

"weekly day of rest" means a period of twenty-four consecutive

hours commencing at the time at which the employee would

normally commence his turn of duty;

"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 remuneration shall be related to a

working week as follows

(a) in the case of all employees, other than watchmen and

night shift workers, to forty hours spread over a week

of five days;

(b) in the case of watchmen to sixty hours;

(c) in the case of workers actually working on night shift

to thirty-seven and one half hours.

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Transport Equipment, Metal

and Allied Industries Wages Council operates.

The minimum weekly remuneration payable to all whole-

time employees, including learners, shall be the following -

(a) watchmen ............................................... €230.61

(b) other whole-time employees

at age 16 years ........................................ €221.29

at age 17 years ........................................ €223.62

at age 18 years ........................................ €230.61

Provided that -

(a) where an establishment is conditioned to a working

week of less than forty hours, the minimum wage laid

down above shall apply; and

(b) an employee who, in any week, is employed for a

number of hours less than the appropriate number of

hours to which his minimum weekly remuneration

relates in accordance with the provisions of paragraph

2 of this Schedule, shall be paid pro rata on an hourly

rate not less than that applicable to him, namely the

appropriate rate per week divided by the number of

hours per week to which his establishment is

conditioned.

Employees working on a shift system shall be paid a shift

premium of two euro and thirty-three cents (2.33) a week for

working the first (morning) shift or the second (afternoon) shift.

Employees working the third (night) shift shall be paid at time and

a quarter normal rate.

All whole-time employees, other than watchmen, shall be

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

than one hour per day

Provided that -

(a) subject to the provisions of paragraph (b) of this

proviso, the interval or intervals shall be allowed after

the first 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 employees shall be

entitled to leave the place of work as soon as that half

hour starts.

All whole-time employees shall be allowed a weekly day

of rest every week.

(1) Watchmen shall be entitled to overtime at the rate of

time-and-a-half for all time worked in excess of sixty hours over a

period of six consecutive days and for all time worked on the

seventh day and shall be entitled to overtime pay at the rate of

double-time for all time worked on a customary holiday or vacation

leave not granted.

(2) Shift employees shall be entitled to overtime remuneration

at the rate of time-and-a-half in respect of all time worked in excess

of an average of forty hours in the case of day and afternoon shifts,

and thirty-seven and a half hours in the case of night shift, where in

any cycle of two or three weeks, as the case may be, the weekly

average number of hours of work exceeds forty hours or thirty-

seven and a half as the case may be.

(3) All employees, other than those specified in sub-

paragraphs (1) and (2) of this paragraph, shall be entitled to

overtime remuneration as follows -

(a) for all time worked in excess of forty hours in any

week ................................................. time-and-a-half;

(b) for all time worked in excess of eight hours on any day

other than a Sunday or a customary holiday

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

(c) for all time worked on Sundays, customary holidays or

vacation leave not granted .......................double time.

(4) When the normal number of working hours per week of an

employee is less than forty hours such overtime rate shall be paid

for all time worked in excess of his normal number of working

hours in any one week.

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

whole-time employees may be entitled under paragraph 6, 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 purpose 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 day

vacation leave during 1988 and 1989, two days vacation leave

during 1990, three days vacation leave during 1991 and four days

vacation leave during 1992 and during any calendar year thereafter

shall not form part of any shut-down 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 completing the first six months of employment, a

whole time employee shall in every calendar year be entitled to the

equivalent in hours of twenty 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) After one year in employment, a whole-time employee

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

a further twenty days sick leave on half pay, less an amount equal

to half 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 half pay,

less an amount equal to half 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 at half pay 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 half the sum set for

sickness benefit entitlement at the rate established

under the Social Security Act.

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

physician to certify incapacity for work during the period of

absence.

(4) 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 allowed two days paid

leave on the occasion of the death of any of the following relatives

the wife, husband, the mother or father (or the person who at the

time was in fact acting as the mother or father of the employee), the

son, daughter, brother and sister.

Whole-time employees shall be entitled to one working

week paid leave on the occasion of their marriage, provided they

remain in employment for at least three months after marriage, and

to two days paid leave on the occasion of the birth of a child to the

wife of the employee.

A whole-time employee 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 duties and such

injury is not due to any contributory negligence on his part.

A whole-time employee, if called upon to serve as juror,

shall be allowed time off as necessary, without any deduction from

the pay to which he would otherwise have been entitled, so as to

enable him to attend to such duties at the Courts.

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.

An employee is entitled to the payment of the minimum

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 consent, expressed or implied;

(b) for some purpose unconnected with his work and other

than that of waiting for work to be given to him to

perform;

(c) by reason only of the fact that he is resident thereon;

(d) during normal meal times in a room or place in which

no work is being done and he is not waiting for work

to be given to him to perform.

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 the 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 order but is intended to indicate its

applicability).

1. The provisions of the above Schedule apply to all employees

in all factories engaged in the manufacture of transport equipment,

metal and allied products, being factories engaged in any of the

following

(a) manufacture of metal products other than the

manufacture of clocks and watches, scientific and

optical goods, silverware and jewellery but including the

plating and polishing of metal products;

(b) manufacture of machinery;

(c) manufacture of electrical machinery;

(d) manufacture of transport equipment including the repair,

rebuilding and retreading of tyres, but excluding the

manufacture wholly or mainly of boats of wood and

motor vehicle bodies;

(e) scrap-metal works including the cutting, sorting,

crushing, breaking up or baling of metals;

(f) repairs of television sets and radios.

2. The provisions of this Schedule do not apply to any

employees engaged in the installation, erection, and fitting of

transmission and distribution equipment for electric energy, gas or

water, whether inside or outside buildings.

TRANSPORT EQUIPMENT, METAL AND ALLIED

INDUSTRIES WAGES COUNCIL WAGE REGULATION