Employment Regulation Order (Law Clerks) Joint Labour Committee, 2004
Statutory Instruments
Source: Statutory Instruments

num: 438
paragraphs: 05
SECTION II
CONVEYANCING CLERK/COST CLERK
1st year of employment
num: 366
paragraphs: 64
2nd year of employment
num: 380
paragraphs: 94
3rd year of employment & above
num: 390
paragraphs: 45
A Conveyancing Clerk is a person who is wholly or mainly engaged in title work in all its branches, including the preparing of contracts, investigation of title, drawing and completion of conveyances, mortgages and other deeds.
A Cost Clerk is a person who is wholly or mainly engaged in the drawing and taxation of his employer's costs, and who is not remunerated on a commission basis by his/her employer.
SECTION III
GENERAL LAW CLERK 17 YEARS OF AGE AND OVER
First six months of employment
num: 288
paragraphs: 22
Second six months of employment
num: 288
paragraphs: 22
2nd year of employment
num: 288
paragraphs: 22
3rd year of employment
num: 288
paragraphs: 22
4th year of employment
num: 288
paragraphs: 22
5th year of employment
num: 301
paragraphs: 00
6th year of employment
num: 311
paragraphs: 31
7th year of employment
num: 322
paragraphs: 17
8th year of employment
num: 339
paragraphs: 34
9th year of employment
num: 352
paragraphs: 90
10th year of employment & above
num: 366
paragraphs: 64
A GENERAL LAW CLERK is a person other than a managing clerk, a conveyancing clerk, a cost clerk, a shorthand typist or a typist but who may be a court clerk or a book-keeper and who is wholly or mainly engaged on clerical or book-keeping duties.
SECTION IV
SHORTHAND TYPIST/TYPIST
First six months of employment
num: 288
paragraphs: 22
Second six months of employment
num: 288
paragraphs: 22
2nd year of employment
num: 288
paragraphs: 22
3rd year of employment
num: 288
paragraphs: 22
4th year of employment
num: 288
paragraphs: 22
5th year of employment
num: 294
paragraphs: 21
6th year of employment
num: 304
paragraphs: 42
7th year of employment
num: 314
paragraphs: 82
8th year of employment
num: 326
paragraphs: 10
9th year of employment & above
num: 339
paragraphs: 34
A Shorthand Typist or Typist
is a person who is wholly or mainly employed on one or more of the following duties, viz: shorthand, typing, dictaphone, reception, copying, scrivenery, filing, post work, despatch and telephone operation.
Where a Shorthand Typist/Typist has been trained and is performing duties appropriate to a law clerk, such a person shall be paid the rate appropriate to a law clerk.
SECTION V
MESSENGER
1st year of employment
num: 288
paragraphs: 22
2nd year of employment
num: 288
paragraphs: 22
3rd year of employment
num: 288
paragraphs: 22
A Messenger is a person wholly or mainly engaged in post work, collection and delivery.
N.B. It should be noted that the scales as specified in the Order apply, having regard to previous employment experience in a Solicitor's Office and whether or not there has been a break in service due to domestic situations or otherwise.
SECTION VI - OVERTIME RATES
The minimum hourly rates for all hours of overtime shall be as follows:—
One-and-a-half times the hourly rates as defined in Section II, Part II below, i.e., time-and-a-half.
PART II
CONDITIONS OF EMPLOYMENT
The following conditions of employment shall apply to all workers referred to in Part I above.
SECTION I - NORMAL WORKING WEEK
The normal number of hours to be worked by workers in relation to whom the Committee operates shall be 38 hours per week.
Where the normal working hours prescribed by an employer are 38 or less in any one week of not less than five working days, a worker who works the normal working hours so prescribed shall be entitled to the appropriate weekly wage set out in Part I.
In relation to workers under the age of 18, the provisions of the Protection of Young Persons (Employment) Act, 1996 shall apply.
SECTION II - THE HOURLY RATE
For full-time workers or for part-time workers the hourly rate shall be the appropriate weekly wage divided by the appropriate normal number of hours worked per week.
SECTION III - MEAL INTERVALS
Meal intervals shall not be reckoned as time worked.
SECTION IV - OVERTIME
All hours worked in excess of the normal hours in any week shall be overtime and shall be paid for at the overtime rates as outlined in Section VI of Part I of this Order.
SECTION V - SUNDAYS AND PUBLIC HOLIDAYS
All hours worked on Sunday or on a statutory Public Holiday shall be paid for at twice the hourly rate as defined in Section II above, i.e. at Double Time.
SECTION VI - ANNUAL HOLIDAYS
All employees are entitled to annual leave in accordance with the provisions of the Organisation of Working Time Act, 1997 .
SECTION VII - SICK PAY SCHEME
num: 1
paragraphs: Employees will be entitled to coverage under the Sick Pay Scheme after two years’ service.
num: 2
paragraphs: No payment will be made for the first three days of any absence on sick leave.
num: 3
paragraphs: For entitlement to payment, a certificate signed by a medical practitioner is required on the fourth day and on a weekly basis thereafter.
num: 4
paragraphs: The employee will be responsible for claiming his/her Social Welfare entitlements while on sick leave and for paying over such payments to the employer.
num: 5
paragraphs: Under the Scheme, employees will be entitled to three weeks’ pay at appropriate Employment Regulation Order rates.
num: 6
paragraphs: The employer will reserve the right to refer an employee for assessment by the employer's nominated doctor.
num: 7
paragraphs: The Sick Pay Scheme will operate on a rolling twelve months basis.
Exclusions
The Sick Pay Scheme will not cover absences from work as a result of injury received when working for another employer.
Sick pay will be refundable to the employer under this Scheme where loss of wages can be or is re-couped from another source in respect of absence from work.
NOTE
Nothing contained in this Order shall prevent an employer and employee from continuing with or entering into a sick pay scheme, the terms and conditions of which are more favourable to the employee than the terms of this Order
SECTION VIII - GENERAL
Nothing in this Employment Regulation Order shall be taken to exclude, limit or be in any way inconsistent with the rights of any employee under any statutory enactment.
PART III
WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES
Clerical workers and messengers whether whole-time or part-time employed by Solicitors in connection with their professional work and by Bodies Corporate in their law departments under the direction of their law agents including managing clerks, general law clerks, court clerks, cost clerks, typists, stenographers and book-keepers but excluding Solicitors’ Apprentices and Solicitors.
Given under the Official Seal of the Labour Court this 30th day of August, 2004.
L.S.
(SIGNED) KEVIN DUFFY
CHAIRMAN
EXPLANATORY NOTE
This note is not part of the Instrument and does not purport to be a legal interpretation.
This Instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 10th September, 2004 for certain workers employed in Solicitors’ Offices. It is made by the Labour Court on the recommendation of the Law Clerks Joint Labour Committee.