FOOD MANUFACTURE INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.67

FOOD MANUFACTURE INDUSTRIES WAGES

COUNCIL WAGE REGULATION ORDER

20th May, 1991

LEGAL NOTICE 68 of 1991, as amended by Legal Notices 427 of 2007,

137 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 Food Manufacture 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;

"h alf a day" means a period of twelve consecutive hou rs

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

"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-tim e" mean

respectively one time, o ne-and -a -half times, and t wice 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 worker 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) The minimum weekly remuneration shall be related to

a week of not more than forty hours in the case of all whole-time

employees other than watchmen.

(2) The minimum weekly remuneration in the case of

watchmen shall be related to a week of not more than fifty-four

hours, inclusive of on the spot breaks for meals.

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Food Manufacture Industries

Wages Council operates.

(1) The minimum weekly wages payable to whole-time

employees, other than watchmen, shall be as follows -

18 years or over ........................................................ €229.44

17 years .................................................................... €224.32

16 years .................................................................... €222.15.

(2)

(a) Watchmen whose duties are mainly performed indoors

shall be paid a minimum weekly wage of €231.77; and

(b) Watchmen whose duties are mainly performed out of

doors shall be paid a minimum wage of €229.44.

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.

Whole-time employees other than watchmen, shall be

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

meals and rest in any one 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 employee shall be

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

hour starts.

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

allowed two weekly days of rest in every week. Watchmen shall be

allowed one weekly day of rest

Provided that the Director of Labour may, whenever, he

deems fit, permit in writing an employer to allow such employees

two half days, ending or beginning at noon, as the weekly rest in

lieu of any one whole day off.

(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 watchmen, shall be

entitled to overtime remuneration as follows

(a) for work in excess of forty hours in any one 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) Watchmen shall be entitled to overtime remuneration as

follows -

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

hours weekly - time and a half;

(b) for work on the seventh day (being the weekly day of

rest) - double time.

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

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

months in employment.

(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.

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 of any safety rules laid

down by the management.

Whole-time employees shall be allowed two days paid

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

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.

Whole-time employees shall be allowed one day leave on

the occasion of the birth of any child to the wife of the employee.

A whole-time employee shall be allowed three working

days on full pay on the occasion of his marriage.

Whole-time employees called for jury service shall be

allowed all necessary time off on full pay to attend to such service

in Court.

An employee is 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 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 and he is not waiting for

work to be given to him to perform.

In cases where retirement of a male employee is expected

to take place 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 it question shall still be allowed, if he so wishes, to retire

at sixty years.

EXPLANATORY NOTE

(This note is not part of the Order but is intended to indicate its

applicability).

The above Order applies to employees in any undertaking, or

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

mainly in the manufacture of foodstuffs, including bakeries, paste

factories, confectioneries and ice-cream factories and of balanced

fodder and other foodstuffs for animal consumption.