FOOD MANUFACTURE INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.67 1 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
- The title of this Order is Food Manufacture 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 Food Manufacture Industries Wages Council operates. Field of operation of Wages Council. SCHEDULE Amended by: L.N. 427 of 2007; L.N. 137 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; "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 Interpretation. Cap.
- 2 [ S.L.452.67 FOOD MANUFACTURE INDUSTRIES WAGES COUNCIL WAGE REGULATION 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. Hours of work. 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. Minimum wages 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 2025. 3.
(1)The minimum weekly wages payable to whole-time employees, other than watchmen, shall be as follows - Minimum remuneration of part-time employees.
- 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. Minimum daily rest.
- 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: 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. 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. Minimum weekly rest. 6. All whole-time employees, other than watchmen, shall be allowed two weekly days of rest in every week. Watchmen shall be FOOD MANUFACTURE INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.67 3 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. 7.
(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. Minimum overtime rates.
(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. 8.
(1)In addition to the minimum weekly rest to which whole-time employees may be entitled under paragraph 6 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 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 Vacation leave. 4 [ S.L.452.67 FOOD MANUFACTURE INDUSTRIES WAGES COUNCIL WAGE REGULATION 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. 9.
(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)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. S.L. 452.87. Injury leave. 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. 10. 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. Bereavement leave. 11. 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. Birth leave. 12. Whole-time employees shall be allowed one day leave on the occasion of the birth of any child to the wife of the employee. FOOD MANUFACTURE INDUSTRIES WAGES COUNCIL WAGE REGULATION [ S.L.452.67 13. A whole-time employee shall be allowed three working days on full pay on the occasion of his marriage. Marriage leave. 14. Whole-time employees called for jury service shall be allowed all necessary time off on full pay to attend to such service in Court. Jury leave. 15. 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 - Waiting time. (
- 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. 16. 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. Retiring age. 5