TOBACCO MANUFACTURE INDUSTRY WAGES COUNCIL WAGE REGULATION [ S.L.452.68 1 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
- The title of this Order is Tobacco Manufacture Industry Wages Council Wage Regulation Order. Title.
- The provisions set out in the Schedule hereto shall apply to all employees in respect of whom the Tobacco Manufacture Industry Wages Council operates. Field of operation of Wages Council. SCHEDULE Amended by: L.N. 427 of 2007; L.N. 151 of 2010; L.N. 529 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; "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-anda-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; Interpretation. Cap.
- 2 [ S.L.452.68 TOBACCO MANUFACTURE INDUSTRY WAGES COUNCIL WAGE REGULATION "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 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. 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 2025. 3.
(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. Minimum remuneration to part-time employees.
- 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. Piece work rates.
- The minimum earnings by an employee engaged on piecework, per week or any part thereof, shall not be less than the minimum earned if the employee was employed on a day rate basis. Minimum daily rest.
- 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. Minimum weekly rest.
- All whole-time employees shall be allowed one whole day off in every calendar week. Overtime. 8.
(1)Whole-time employees, other than watchmen, shall be paid at time-and-a-half rates for overtime work performed on TOBACCO MANUFACTURE INDUSTRY WAGES COUNCIL WAGE REGULATION [ S.L.452.68 3 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. 9.
(1)In addition to the minimum weekly rest to which whole-time employees may be entitled under paragraph 7, 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. 10.
(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, Sick leave. Amended by: L.N. 529 of 2010. Cap. 318. 4 [ S.L.452.68 TOBACCO MANUFACTURE INDUSTRY WAGES COUNCIL WAGE REGULATION 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)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; 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 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; TOBACCO MANUFACTURE INDUSTRY WAGES COUNCIL WAGE REGULATION [ S.L.452.68 (
- 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: Cap. 318 Cap. 318. 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. Cap. 318.
(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. S.L. 452.87 10A. 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. Injury leave. 11.
(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. Special leave.
(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 Cap. 318. 5 6 TOBACCO MANUFACTURE INDUSTRY WAGES COUNCIL WAGE REGULATION [ S.L.452.68 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. Waiting time. 12. 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. Retiring age. 13. 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.