TOBACCO MANUFACTURE INDUSTRY WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.68

TOBACCO MANUFACTURE INDUSTRY WAGES

COUNCIL WAGE REGULATION ORDER

17th July, 1991

LEGAL NOTICE 115 of 1991, as amended by Legal Notices 427 of 2007,

and 151, 529 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 Tobacco Manufacture Industry

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 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;

"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;

"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 hours of work of whole-time employees other than

watchmen shall not exceed forty hours in any one week

Provided that by mutual agreement between the employer

and the authorised representatives of the employees, the total

number of hours worked in any one week can be extended or

decreased sohowever as neither to exceed a maximum of forty-two

and a half hours, nor a minimum of thirty-five hours

Provided further that the total weekly average over a

calendar year does not exceed an average of forty hours per week.

(2) The hours of work of whole-time watchmen shall not

exceed fifty-four in any one week of six days.

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Tobacco Manufacture

Industry Wages Council operates.

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

employees, both male and female, other than watchmen shall be the

following

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

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

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

(2)

The minimum wage for watchmen shall be

€229.44 - for watchmen whose duty is mainly

performed indoors

€231.77 - for watchmen whose duty is mainly

performed out of doors.

The minimum remuneration payable to part-time

employees of the categories specified in paragraph 3 hereof shall

not be less than the proportionate rate of the minimum

remuneration payable to a whole-time employee of the same

category, calculated on the basis of a fifty-four hour week in the

case of watchmen and a forty hour week in the case of other

employees.

The minimum earnings by an employee engaged on piece-

work, per week or any part thereof, shall not be less than the

minimum earned if the employee was employed on a day rate basis.

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, where the last half-hour of the period of

employment is allowed as a part of the 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 shall be allowed one whole day

off in every calendar week.

(1) Whole-time employees, other than watchmen, shall be

paid at time-and-a-half rates for overtime work performed on

weekdays, and at double-time for work performed on Sundays and

public holidays.

(2) Watchmen shall be paid at time-and-a-half rates for time

worked in excess of fifty-four hours in a six-day week, and at

double time rates for all time worked on a Sunday or a public

holiday.

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

whole-time employees may be entitled under paragraph 7, 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 six months in employment, a whole-time

employee shall be entitled to the equivalent in hours of six 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 six months in employment, a whole-time employee

shall be entitled to the equivalent in hours of a further six 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) After twelve 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.

(4) After twelve months in employment, a whole-time

employee shall in every calendar year be entitled to the equivalent

in hours of a further twelve 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.

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

physician to certify incapacity for work during the period of

absence.

(6) 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 one year injury

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

the 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 contributory negligence on his part or in contravention

by him of safety rules laid down by the management.

(1) Whole-time employees shall be entitled to two days

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

relatives: the wife or husband of the employee, the father or mother

(or the person who at the time was acting as the father or mother),

the son or daughter, and the brother or sister.

(2) Whole-time employees shall be entitled to one day paid

leave on the occasion of the birth of any child to the wife of the

employee.

(3) Bereavement leave or birth leave shall not be claimed,

partly or wholly if the occurrence takes place when the employee is

on vacation leave, or on a Sunday or a customary holiday.

(4) Whole-time employees shall be allowed three days paid

leave on the occasion of their marriage.

(5) 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 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, 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;

and

(d) during normal meal times 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 Schedule but is intended to indicate

its applicability).

The provisions of the above Schedule apply to all employees in

any undertaking or in any part of an undertaking, the activities of

which consist wholly or mainly in the manufacture of cigars,

cigarettes, cheroots or pipe or other tobacco and any form of

processing of tobacco, whether by hand or by machine.