CANNING INDUSTRY WAGES COUNCIL WAGE REGULATION [ S.L.452.45 1 SUBSIDIARY LEGISLATION 452.45 CANNING INDUSTRY WAGES COUNCIL WAGE REGULATION ORDER* 2nd May, 1977 LEGAL NOTICE 51 of 1977, as amended by Legal Notices 90 of 1977, 130 of 1978, 115 of 1989, 427 of 2007, 147 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, 469 of 2020, 464 of 2021, 335 of 2022, 286 of 2023, 341 of 2024 and 288 of
- The title of this Order is Canning Industry Wages Council Wage Regulation Order. Title.
- The provisions set out in the Schedule to this Order shall apply to all employees in respect of whom the Canning Industry Wages Council operates. Field of operation of Wages Council. SCHEDULE Amended by: L.N. 90 of 1977; L.N 130 of 1978; L.N. 115 of 1989; L.N. 427 of 2007; L.N. 147 of 2010; L.N. 362 of 2012; L.N. 334 of 2013; L.N. 444 of 2013; L.N. 482 of 2014; L.N. 5 of 2016; L.N.97 of 2017.; L.N. 383 of 2017; L.N. 104 of 2019; L.N. 351 of 2019; L.N. 469 of 2020; L.N. 464 of 2021; L.N. 335 of 2022; L.N. 286 of 2023; L.N. 341 of 2024; L.N. 288 of
- 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 of twelve consecutive hours ending at 1.00p.m. or 1.00a.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; "part-time employee" means an employee whose normal hours of work, calculated on a weekly basis or on average over a period of *This Order has been repealed by Legal Notice 121 of
- Interpretation. Cap.
- 2 [ S.L.452.45 CANNING INDUSTRY WAGES COUNCIL WAGE REGULATION 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, but inclusive of the intervals allowed for meals and rest; "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 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. Hours of work.
- The minimum weekly remuneration shall be related to a week of not more than (a) forty hours in the case of all whole-time employees, other than watchmen, and (b) sixty hours of work, spread over a six-day week, in the case of watchmen. Minimum remuneration of whole-time employees. Amended by: L.N.97 of 2017; L.N. 383 of 2017; L.N. 104 of 2019; L.N. 351 of 2019; L.N. 469 of 2020; L.N. 464 of 2021; L.N. 335 of 2022; L.N. 286 of 2023; L.N. 341 of 2024; L.N. 288 of
- The minimum weekly remuneration payable to whole-time employees, both males and females, shall be the following - Minimum daily rest.
- Whole-time employees, other than watchmen, shall be allowed intervals for meals and rest of not less than, in the aggregate, one hour every day. Minimum weekly rest.
- Whole-time employees shall be allowed a weekly day of rest in every period of seven consecutive days. Minimum overtime rates. 6.
(1)In the case of whole-time employees, other than watchmen, overtime shall be payable as follows: (
- a)watchmen ................................................ €229.44 (
- b)other employees aged: (
- i)18 years or over ............................... €229.44 (
- ii)17 years ........................................... €222.66 (iii) 16 years ........................................... €219.82 (
- a)for all time worked in excess of forty hours in any week, exclusive of any time paid for at overtime rates .................................................. time-and-a-half; (
- b)in a five-day week, for all time worked in excess of eight hours on any day ...................... time-and-a-half; CANNING INDUSTRY WAGES COUNCIL WAGE REGULATION [ S.L.452.45 (
- c)in a six-day week, for all time worked in excess of seven hours from Monday to Friday, and five hours on Saturday ........................................... time-and-a-half; (
- d)for all time worked on Sundays and customary holidays .................................................. double time: Provided that in any week which includes a customary holiday, overtime at time-and-a-half shall be payable for work, in excess of thirty-three hours, exclusive of time paid for at overtime rates, to whole-time employees other than watchmen.
(2)Overtime at the rate of time-and-a-half shall be payable to watchmen for all time worked in excess of sixty hours in a period of six consecutive days, and for all time worked on the seventh day. 7.
(1)In addition to the minimum weekly rest to which whole-time employees may be entitled under paragraph 5, wholetime 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:- Vacation leave. (
- 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. 8.
(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: Sick leave. Cap. 318. 3 4 [ S.L.452.45 CANNING INDUSTRY WAGES COUNCIL WAGE REGULATION 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; Cap. 318. Cap. 318. (
- 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)A whole-time employee shall in every calendar year be entitled to the equivalent in hours of a further twenty-four 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; Cap. 318. (
- 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)Employees employed for a lesser period than one year shall be entitled to sick leave in proportion to the number of months in employment.
(4)The employer may require a medical certificate by his own physician to certify incapacity for work during the period of absence. S.L. 452.87
(5)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. CANNING INDUSTRY WAGES COUNCIL WAGE REGULATION [ S.L.452.45 9. 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 contributory negligence on his part or to the contravention by him of any safety rules laid down by the management. Injury leave. 10. 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, mother, father, (or the person who at the time was in fact acting as the mother or father of the employee), the son, daughter, brother or sister. Bereavement leave. 11. Whole-time employees shall be allowed three working days paid leave on the occasion of their marriage and one working day paid leave on the occasion of the birth of a child to their wife. Special leave. 12. All employees called for jury service shall be allowed the necessary time off without loss of pay to attend the Courts. Jury service. 13. Part-time employees shall be paid pro rata at an hourly rate not less than that applicable to whole-time employees, namely the appropriate rate per week shown in paragraph 3 of this Schedule divided by sixty in the case of watchmen, and divided by forty in the case of other employees. Minimum remuneration of part-time employees. 14. An employee shall be 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: Waiting time. Cap. 318. (
- 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. 15. 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 in the above Schedule shall apply to all Retiring age. 5 6 [ S.L.452.45 CANNING INDUSTRY WAGES COUNCIL WAGE REGULATION employees in any undertaking or in any part of an undertaking the activities of which consist wholly or mainly of the following: (
- a)canning and preserving, including packing in airtight containers, of fruits, vegetables, and fruit and vegetable juices; dehydrating and quick freezing of fruits and vegetables; and any other process incidental thereto; (
- b)manufacture of preserves, jams, jellies, pickles, sauces, or canned soups, including the canning and preserving of meat, meat products and any other form of meat processing; and the manufacture of ice; (
- c)canning and preserving of fish and other sea foods, including salting, drying, smoking, curing, pickling, dehydrating, packing in air-tight containers, quickfreezing and any other form of processing; (
- d)cold storage of fruits, vegetables, meat, fish and other foods.