HIRE OF CARS OR PRIVATE BUSES WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.57

HIRE OF CARS OR PRIVATE BUSES WAGES

COUNCIL WAGE REGULATION ORDER

19th September, 1977

LEGAL NOTICE 124 of 1977, as amended by Legal Notices 48 of 1979,

427 of 2007, 134 of 2010, 362 of 2012, 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 Hire of Cars or Private Buses

Wages Council Wage Regulation Order.

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

"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 consecutive hours

commencing from midnight of one day to midnight of the next

following day;

"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;

"normal time", "time-and-a-half" and "double time" mean

respectively one time, one-and-a-half and double time, the

minimum time rate applicable to the employee;

"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 one day during

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

of the intervals allowed for meals and rest;

"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. (1) No person shall cause or permit any other person

employed by him or subject to this orders to drive any car hire or

private hire bus -

(i)

for any continuous period of more than four

hours; or

(ii) for periods, no one of which shall exceed four

hours, amounting in the aggregate to more than

twelve hours in any period of twenty-four hours

commencing at midnight; or

(iii) so that the driver has not at least nine hours, six

of which must be consecutive, for rest in any

period of twenty-four hours reckoned from the

commencement of any period of driving.

(2)

The weekly hours of work shall be -

(a) forty-two in the case of clerks /receptionists;

(b) forty-six in the case of drivers, conductors/attendants,

and other employees;

(c) sixty in the case of watchmen.

(3) The daily hours of work of the categories of employees in

sub-paragraph (2) hereof shall be as follows respectively

(a) minimum four hours, maximum eight hours;

(b) minimum five hours, maximum ten hours;

(c) twelve hours.

The provisions set out in the Schedule shall apply to all

employees in respect of whom the Hire of Cars or Private Buses

Wages Council operates.

The minimum weekly wage payable to whole-time

employees shall be as follows -

(a) clerk/receptionist ...................................... €236.43

(b) drivers ...................................................... €235.85

(c) conductors/attendants, and other employees (other

than watchmen) -

(i) aged 18 years or over ....................... €232.10

(ii) aged 16 or 17 years .......................... €229.44

(d) watchmen

(i)

those whose duties are mainly performed

indoors ............................................... €232.10

(ii) those whose duties are mainly performed out of

doors ................................................. €234.43.

(1) The minimum remuneration of part-time employees

shall be as follows -

(a) in the case of clerks/receptionists -

(i)

for the first 3 hours or less in any one day

............................................................... €16.89

(ii) for each hour or part thereof in excess of the first

3 hours in any one day ............................ €5.63;

(b) in the case of drivers -

(i)

for the first 3 hours or less in any one day

............................................................... €15.38

(ii) for each hour or part thereof in excess of the first

3 hours in any one day ............................ €5.13;

(c) in the case of conductors and attendants -

18 years or

under

over

18 years

(i)

for the first 4 hours or

less in any one day ......

€20.18

€19.95

(ii) for each hour or part

thereof in excess of the

first 4 hours in any one day €5.05

€4.99;

(d) in the case of all other employees, including

watchmen -

18 years or

under

over

18 years

(i)

for the first 3 hours or

less in any one day .......... €15.14

€14.96

(ii) for each hour or part

thereof in excess of the

first 3 hours in any one day €5.05

€4.99.

(2) Where the Government grants to all its whole-time

employees a general increase in wages and such increase is

declared by the Minister responsible for labour by notice in the

Gazette to be of general application to all whole-time employees

the above rates shall be proportionately increased in accordance

with the said general increase of wages, regard being had, in

arriving to the said proportion, to the provisions set out in sub-

paragraph (2) of paragraph 2 of this Schedule.

Save as provided for in sub-paragraph (1) of paragraph 2,

all whole-time employees, other than watchmen, shall be allowed

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

hour every day

Provided that -

(a) subject to 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 employee shall be

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

hour starts.

All employees shall be entitled to one day of rest per week,

four days of which, in any calendar year, shall be granted on

Sundays, if so requested by the employee.

In the case of all whole-time employees, overtime shall be

remunerated as follows

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

one 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.

Whole-time employees shall be entitled, in every calendar

year, to -

(a) all customary holidays with full pay, and

(b) after three months in employment, vacation leave of

such number of working days with full pay as is

equivalent to the number of working days as that

particular employee should normally attend to work

during a period of four weeks

Provided that whole-time employees who have

been in employment for less than one year shall be

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

proportion to the number of months in employment.

(1) After completing six months in employment, 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.

Employees shall be allowed two days paid leave on the

occasion of the death of any of the following relatives: the wife or

husband, the father or mother (or the person who at the time was in

fact acting as the father or mother of the employee), the son or

daughter, and the brother or sister.

A whole-time employee shall be allowed three days leave

on full pay on the occasion of his marriage and one day leave on

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

A whole-time employee shall be entitled to a maximum of

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 such injury is not due to any contributory negligence

on his part or to the contravention by him at any safety rules laid

down by the management.

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

juror, be allowed all time off as shall be necessary, without any

deduction from the pay to which he would otherwise have been

entitled, to enable him to attend in Court.

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 recognised breaks for meals and rest, 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 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 Order but is intended to indicate its

applicability.

The provisions of this Order 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, mainly -

Drivers

Conductors/Attendants

Clerks /Receptionists

Watchmen

Garage handymen

but excluding Mechanics and Petrol Station Attendants who are

already covered by the Wage Regulation Orders.