Employment Regulation Order No. 2 (Provender Milling Joint Labour Committee), 1975.
Statutory Instruments
Source: Statutory Instruments

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18 " " " "under 19
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paragraphs: 93
17 " " " " " 18
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15 " " " " " 17
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paragraphs: 81
Female Workers
19 years of age and over
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paragraphs: 63
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paragraphs: 85
18 " " " " under19
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paragraphs: 04
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paragraphs: 49
17 " " " " " 18
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paragraphs: 71
15 " " " " " 17
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paragraphs: 31
num: 13
paragraphs: 92
Fourth Phase
The Fourth Phase increase—which shall be applied to the basic rate as at the end of the third phase—shall be in accordance with the fourth phase of the National Wage Agreement 1975 as in force on the operative date of the fourth phase.
Hourly Rate—The hourly rate shall be ascertained by dividing the appropriate weekly wage by 40.
SECTION 4—Normal Working Hours
The normal number of hours to be worked by workers shall be 40 hours in any week.
SECTION 5—Overtime Rates
The minimum rates for overtime, which shall be calculated on a daily basis, to apply in respect of hours worked by male and female workers in excess of the normal number of hours of work shall be as follows:—
( a ) For all time worked in excess of the normal number of hours of work the overtime rate shall be one-and-a-half times the general minimum time-rate otherwise applicable, i.e. time-and-a-half, except in so far as provided for under the provisions of paragraph (b), (c) or (d) of this Section.
( b ) For all time worked on Sundays the overtime rate shall be twice the general minimum time-rate otherwise applicable, i.e. double-time.
( c ) For all time worked on statutory public holidays (or customary public holidays substituted therefor) the overtime rate shall be twice the general minimum time-rate otherwise applicable, i.e. double time, exclusive of the statutory entitlement under the Holidays (Employees) Act, 1961 .
( d ) Payment for working on the normal day off shall be at the rate of time and one half for the first four hours from normal starting time and double time thereafter.
( e ) The calculation of overtime pay for shift workers shall be on an individual employees consolidated rate of pay, i.e. his personal basic rate inclusive of the shift premium.
SECTION 6—Calculation of Shift Pay
The Shift Premium shall be calculated on an individual employee's personal basic rate of pay as distinct from the basic rate for the industry.
SECTION 7—Holiday and Holiday Remuneration
Workers in relation to whom the Committee operates shall be granted holidays in accordance with the provisions of the Holidays (Employees) Act, 1961 , except that workers with one years service with the same employer (reckoned from the date on which the worker first took up employment with the Employer) shall be granted five additional days Annual Leave.
SECTION 8—Service Pay
Male and Female workers who have been in continuous employment with the one employer to be granted service pay as follows:—
Employees with
5 years continuous service and over
25p per wk
" "
10 " " " " "
50p " "
" "
15 " " " " "
75p " "
" "
20 " " " " "
£1.00 " "
SECTION 9—Sickness Benefit Scheme
With effect from date of publication of the Employment Regulation Order, the following Sickness Benefit Scheme shall be operable:—
(1) Each employer will set up a scheme for his own employees conforming to the terms set out below.
(2) All employees who have completed six months service shall be included in the scheme.
(3) The following benefit shall be payable for up to a maximum of 18 weeks in any calendar year in the case of illness medically certified and notified to the company within the first three days of absence—up to £6 per week subject to the sum of all benefits, i.e. both State and Company benefits, not exceeding the individual employee's personal basic rate of weekly pay.
(4) The employee's contribution shall be a maximum of 10p per week. The employer's contribution shall be twice that amount or such appropriate amount in the first twelve months of operation as shall guarantee the benefit set out above.
(5) The operation of the scheme may be reviewed on an annual basis and such review shall have regard to the financial aspects of the scheme.
SECTION 10—Pension and Mortality Scheme
With effect from January 1, 1975 the following Pension and Mortality Schemes shall come into operation.
(1) Each employer will set up a scheme for his own employees conforming to the terms as set out below.
(2) The scheme will be non-contributory.
(3) Normal pension date for pension scheme members shall be 65th birthday in the case of males and 60th birthday in the case of females. In normal circumstances retirement shall take place from normal pension date.
(4) All full-time permanent employees who, at January 1, 1975 are aged less than 55 years but who have passed their 24th birthday and who have completed 3 years continuous service shall be included in the pension scheme.
(5) On retirement at normal retirement age employees who have completed 30 years continuous service with the employer from the date of last entering the employment shall receive a pension of £5 per week in the case of male employees or £3 per week in the case of female employees. For continuous service of less than 30 years the scale of benefit on retirement at normal retirement age shall be 16.67p per year of service for male employees or 10p per year of service for female employees.
(6) Pensions will be guaranteed for 5 years from date of actual retirement.
(7) Continuous service with an employer since the date of last entering the employment shall be recognised for pension purposes, subject to the provisions of paragraph 4 above.
(8) Employees who are 55 years of age or more and who retire through ill-health or redundancy will receive a pension which will be calculated as follows:
T
x P x actuarial factor where T = actual service to date of early retirement.
N
N = total prospective service to normal retirement date (maximum 30 years)
P = prospective pension the employee would have received at normal retirement date if the employee worked to that date.
(9) In the circumstances where employment continues beyond normal pension date (65 years in the case of males and age 60 in the case of females) the deferred pension payable on eventual retirement will be actuarily increased.
(10) Employees who are aged 55 years or over at January 1, 1975 need not be included in an insured pension scheme. However, they will receive, on retirement at normal pension date, retirement benefits not less than those which would derive from such a scheme. Such benefits will be guaranteed for five years or life, whichever is the longer, subject to the Company remaining in existence.
(11) An employee who voluntarily leaves employment before normal pension date or who is dismissed for any reason of misconduct will forfeit any benefit from the scheme.
(12) A mortality benefit of £1,500 will be provided in the case of all eligible employees (as defined in paragraph 4 above) in the event of death in service before normal pension date, provided the employer can arrange insurance cover from a life office at normal terms.
If an individual employer can arrange insurance cover from a life office at normal terms then the employer may include, for the purposes of mortality benefit, employees (in respect of whom such cover can be obtained) over 55 years of age and who have not reached normal pension date.
Cover for mortality benefit shall cease at normal retirement date.
(13) The benefits of this pension and mortality benefit scheme will be inclusive of the benefits of any existing formal pension retirement and death benefit schemes.
Note
The provisions relating to the Sickness Benefit Scheme and the Pension and Mortality Scheme would not have effect where it can be shown that taken as a whole the existing arrangement in operation in any particular company is as good as or better than the proposals herein mentioned.
GIVEN under the Official Seal of the Labour Court this 26th day of November, 1975.
(Signed) D. MacDIARMADA
A person authorised under Section 18 of the Industrial Relations Act, 1946 , to authenticate the Seal of the Court.
EXPLANATORY NOTE.
This Instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 28th November, 1975 for workers employed in the Provender Milling Industry. It is made by the Labour Court on the recommendation of the Provender Milling Joint Labour Committee.