SEXTONS AND CUSTODIANS WAGES COUNCIL WAGE REGULATION ORDER

SUBSIDIARY LEGISLATION 452.72

SEXTONS AND CUSTODIANS WAGES COUNCIL

WAGE REGULATION ORDER

1st February, 1996

LEGAL NOTICE 6 of 1996, as amended by Legal Notices 427 of 2007,

152 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 Sextons and Custodians Wages

Council Wage Regulation Order.

1. (1) This Wages Council Order operates for sextons and

custodians of churches, museums or buildings open for exhibitions

to the public.

(2) The word "custodian" includes, besides a person wholly

employed for the custody of a church, museum or building, any

person principally, or mainly engaged in the cleaning, maintenance

or security of such church, museum or building.

2. 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 the

employees are at the disposal of the employer, exclusive of

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 double 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;

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

hours, commencing at the time at which the employee would

normally commence his time 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.

The provisions set out in the Schedule hereto shall apply to

all employees in respect of whom the Sextons and Custodians

Wages Council operates.

(1) The hours of work of sextons shall be five hundred and

twenty hours (40 hours x 13 weeks) spread over a period of thirteen

weeks commencing from the first week of every quarter, provided

that the hours of work shall not exceed sixty hours in any one week,

with one day of rest every week.

(2) The hours of work shall be spread over six days, so that

sextons shall be entitled to at least one day of rest in every period

of seven consecutive days.

(3) The hours of work of custodians shall be forty hours spread

over a period of six days, so that custodians shall be entitled to one

day of rest in every period of seven consecutive days.

The minimum weekly wages payable to whole-time

employees shall be as follows -

Age 18 and over ............................................. €229.44 per week

Age 17 to 18 years .......................................... €222.66 per week

Under 17 years ............................................... €219.82 per week

Part-time employees shall be paid pro rata at an hourly rate

or part thereof not below the national minimum wage, as

determined in accordance with the same paragraph and divided by

forty.

Whole-time employees shall be allowed intervals for meals

and rest of not less in the aggregate than an 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 sextons shall be entitled to the payment of

overtime at time-and-a-half for any hours worked in excess of sixty

hours in every one week and/or for any hours worked in excess of

f i v e hu n dr e d a n d t w e n t y h ou r s o ve r a ny pe r io d o f th i r te e n

consecutive weeks, exclusive of one day of rest every week.

Whole-time custodians shall be entitled to the payment of

overtime at time-and-a-half for any hours worked in excess of forty

hours in every one week, exclusive of one day of rest every week.

Whole-time employees shall be entitled to the payment of

overtime at double time for any hours worked on the weekly day of

rest.

Vacation Leave entitlement shall be regulated in terms of

the Weekly Day of Rest and Annual Vacation Leave National

Standard Order, or any other Order substituting the same, that is

four working weeks and four days.

If any employee is required to work on a customary holiday, he

shall be entitled to another day off to be availed of in agreement

with his employer.

(1) After one year’s service, 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’s service, 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 entitled to two days leave

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

father, mother or the legal custodian of the employee, wife,

husband, son, daughter, brother or sister.

Whole-time employees shall be entitled to two days leave

with pay on the occasion of the birth of a child to the 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 a maximum

period 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 not due to contributory negligence on his

part or to any contravention of safety rules laid down by the

employer.

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.