BEVERAGE INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.60 1 SUBSIDIARY LEGISLATION 452.60 BEVERAGE INDUSTRIES WAGES COUNCIL WAGE REGULATION ORDER * 10th March, 1980 LEGAL NOTICE 29 of 1980, as amended by Legal Notices 112 of 1990, 27 of 2007, 144 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
- The title of this Order is Beverage Industries Wages Council Wage Regulation Order. Title.
- The provisions set out in the Schedule hereto shall apply to all employees in respect of whom the Beverage Industries Wages Council operates. Field of operation of Wages Council. SCHEDULE Amended by: L.N. 112 of 1990; L.N. 427 of 2007; L.N. 144 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; "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; "outside worker" means a person employed mainly outside the factory in the distribution and delivery of the employer’s products and in the collection of the employer’s empty bottles and boxes; "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work of a comparable whole-time employee and who is not a whole-time employee with reduced hours; *This Order has been repealed by Legal Notice 122 of
- Interpretation. Cap.
- 2 BEVERAGE INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.60 "time-and-a-half" and "double-time" mean respectively one and a half times and twice the minimum 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. Hours of work.
- The minimum weekly remuneration shall be related to a week of not more than (a) forty hours of work in the case of whole-time employees other than watchmen, and (b) fifty-two 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 that shown hereunder: (a) watchmen ...................................... €232.35 x €0.58 €233.51 (b) other employees: (i) aged 20 years or over ..............€232.35 x €0.58 €233.51 (ii) aged 18 years or 19 years ................ €229.44 (iii) aged 17 years .................................. €223.29 (iv) aged under 17 years ........................ €220.71: Provided that, where the remuneration is incremental, the increment shall be awarded annually. Minimum daily rest.
- Whole-time employees, other than watchmen, shall be allowed daily intervals for meals and rest of not less than one hour in the aggregate in the case of inside workers and of not less than one and a half hours in the aggregate in the case of outside workers. Minimum weekly rest.
- Whole-time employees shall be allowed one whole day off in every period of seven consecutive days. Minimum overtime rates. 6.
(1)Whole-time employees, other than watchmen, overtime outside workers or shift workers, shall be entitled to overtime rates remuneration as follows (
- a)for all time worked in excess of forty hours in any calendar week ................................... time-and-a-half; (
- b)for all time worked in excess of eight hours on any day of a five-day week ............................ time-and-a-half; (
- c)for all time worked in excess of eight hours on any day of a five-and-a-half day week ............ time-and-a-half; (
- d)for all time worked on any customary holiday, when such day falls on any day other than Saturday and Sunday ............................................. time-and-a-half; (
- e)for all time worked on Sundays or when a customary holiday falls on a Saturday ..................... double-time: BEVERAGE INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.60 Provided that any overtime due in accordance with the provisions of sub-paragraph (
- b)or (
- c)of this sub-paragraph shall only be payable if the total time worked in any calendar week is not less than forty hours and so long as any reduction, in such number o f h o u r s , i s n o t t h e r e s u l t o f a n e m p l o y e r ’s o r d e r o r a s a consequence of a customary holiday occurring on a working day.
(2)Whole-time outside workers may be entitled to overtime remuneration on a commission basis: Provided that such overtime remuneration may be offset against any commission paid to the employee so long as the amount of such commission is not less than the overtime remuneration due to him at the following rates: (
- a)for all time worked in excess of forty hours in any calendar week ................................... time-and-a-half; (
- b)for all time worked on any customary holiday, when such day falls on any day other than Saturday and Sunday ............................................. time-and-a-half; (
- c)for all time worked on Sundays or when a customary holiday falls on a Saturday ...................... double time.
(3)Shift workers shall be entitled to overtime remuneration as follows: (
- a)for all time worked in excess of forty hours in any calendar week ................................... time-and-a-half; (
- b)for all time worked on any customary holiday, when such a day falls on any day other than a Sunday .......................................................... time-and-a-half; (
- c)for all time worked on a Sunday being in excess of forty hours in any calendar week ............ double-time.
(4)Watchmen shall be entitled to overtime remuneration as follows (
- a)for all time worked in excess of fifty-two hours in any calendar week ................................... time-and-a-half; (
- b)for all time worked on any customary holiday, including Sundays, in excess of fifty-two hours in any calendar week ........................................ double-time. 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 (
- 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 Vacation leave. 3 4 [ S.L.452.60 BEVERAGE INDUSTRIES WAGES COUNCIL WAGE REGULATION 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. Sick leave. Cap. 318. 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: 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. (
- 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)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 sick leave as is 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. Cap. 318.
(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. BEVERAGE INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.60
- Whole-time employees shall be entitled to two days leave on full pay on the occasion of the death of one 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), son, daughter, brother or sister. Bereavement leave.
- A whole-time employee shall be entitled up 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. Injury leave.
- A whole-time employee shall be allowed three days leave on full pay on the occasion of his marriage. Marriage leave.
- A whole-time employee shall be allowed two days leave on full pay on the occasion of the birth of a child to his wife. Birth leave.
- A whole-time employee called for jury service shall be allowed all necessary time off on full pay to enable him to attend to such service in Court. Jury leave.
- The minimum remuneration payable to part-time employees of the categories specified in paragraph 3 hereof shall be pro rata at an hourly rate arrived at by dividing the amount appearing for the category by the number of hours of work per week for the relative category: Minimum remuneration of part-time employees. Cap.
- Provided that in no case shall a part-time employee be paid for less than three hours even if he has performed less than three hours work.
- 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 the above Schedule apply to all employees in any undertaking, or in any part of an undertaking, which consists wholly or mainly in the bottling or the production of distilled spirits, wines, malt liquors, soft drinks and carbonated beverages, and of any other activity so far as it is incidental or ancillary to any such activity as aforesaid as the undertaking, including, without prejudice to the generality of the foregoing (a) the distilling of ethyl alcohol for all purposes, the distilling, rectifying and blending of alcoholic liquors; Retiring age. 5 6 [ S.L.452.60 BEVERAGE INDUSTRIES WAGES COUNCIL WAGE REGULATION (b) the production of wines, cider, parry or other fermented beverages; (c) the production of malt or malt liquors, such as beer, ale, porter and stout, and (d) the manufacture of non-alcoholic beverages, such as soft drinks and carbonated mineral waters.