SEXTONS AND CUSTODIANS WAGES COUNCIL WAGE REGULATION [ S.L.452.72 1 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
- The title of this Order is Sextons and Custodians Wages Council Wage Regulation Order. Title.
- The provisions set out in the Schedule hereto shall apply to all employees in respect of whom the Sextons and Custodians Wages Council operates. Field of operation of Wages Council. SCHEDULE Amended by: L.N. 427 of 2007; L.N. 152 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
- 1.
(1)This Wages Council Order operates for sextons and custodians of churches, museums or buildings open for exhibitions to the public. Applicability.
(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.
- 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 Interpretation. Cap.
- 2 [ S.L.452.72 SEXTONS AND CUSTODIANS WAGES COUNCIL WAGE REGULATION 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. Hours of work. 3.
(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. Minimum wages. 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 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. Minimum daily rest.
- Whole-time employees shall be allowed intervals for meals and rest of not less in the aggregate than an hour on any one day. Minimum weekly rest.
- Whole-time employees shall be entitled to one day of rest in every period of seven consecutive days. Maximum overtime rate.
- 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 SEXTONS AND CUSTODIANS WAGES COUNCIL WAGE REGULATION [ S.L.452.72 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. Vacation leave. S.L. 452.64 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. 9.
(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: Sick leave. Cap. 318. 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; Cap. 318. Cap. 318. 3 4 [ S.L.452.72 Cap. 318. SEXTONS AND CUSTODIANS WAGES COUNCIL WAGE REGULATION (
- 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. S.L. 452.87
(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. Bereavement leave.
- 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. Birth leave.
- Whole-time employees shall be entitled to two days leave with pay on the occasion of the birth of a child to the wife. Marriage leave.
- 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. Injury leave. Cap.
- Leave for jury service.
- 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.