Employment Regulation Order (Provender Milling Joint Labour Committee), 2002
Statutory Instruments
Source: Statutory Instruments

num: 268
paragraphs: 60
Under 18 years of age
num: 188
paragraphs: 02
SECTION 3 — NORMAL WORKING HOURS
The normal number of hours to be worked by workers in relation to whom the Committee operates shall be 39 hours per week or lesser hours as contracted for.
The maximum number of hours which may be worked by workers over 16 years and under 18 years shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1996 .
SECTION 4 — OVERTIME RATES
The minimum rates for overtime, which shall be calculated on a daily basis, to apply in respect of hours worked 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
From 19th July, 2002
€6.89 × 1.5
for full time adult employees, i.e. time-and-a-half except insofar as provided for under the provisions of paragraphs (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 entitlements under the Organisation of Working Time Act 1997 .
(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 employee's consolidatd rate of pay:— i.e. the personal basic rate inclusive of the shift premium.
SECTION 5 — 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 6 — ANNUAL LEAVE
All employees are entitled to annual leave in accordance with the provisions of the Organisation of Working Time Act, 1997 .
SECTION 7 — SERVICE PAY
Those 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
€0.64 per wk
Employees with 10 years' continuous service and over
€1.27 per wk
Employees with 15 years' continuous service and over
€1.90 per wk
Employees with 20 years' continuous service and over
€2.54 per wk
SECTION 8 — SICKNESS BENEFIT SCHEME
The following Sickness Benefit Scheme shall apply:—
(1) Each employer will set up a scheme for his 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 €31.74 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 €0.51 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 9 — PENSION AND MORTALITY SCHEME
This is a defined contribution scheme. Employees will contribute at a rate of 2.5% of their basic pay. Employers will contribute 2.5% of employees' basic pay and in addition will pay for death in service benefit and any administrative costs of the scheme. All benefits under the existing scheme to be paid up for existing members. The new scheme will become effective from the renewal date for the existing scheme in each individual company.
A death benefit of an amount equivalent to two and a half (2.5) years basic pay shall be provided for dependants on the death of a member in service before the age of 65. In addition dependants will be entitled to accumulated benefits in the fund.
All employees who have completed 18 months continuous service and have passed their nineteenth birthday are eligible for membership of the scheme. Entry to the scheme will take place on the renewal date of the pension scheme in each individual company.
SECTION 10 — GENERAL
Nothing in this Employment Regulation Order shall be taken to exclude, limit or be in way inconsistent with the rights of any employee under any statutory enactment.
GIVEN under the Official Seal of the Labour Court, this 9th day of July, 2002.
KEVIN DUFFY,
DEPUTY CHAIRMAN.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The Instrument fixes with effect from 19th July, 2002 statutory minimum rates of remuneration and regulates statutory conditions of employment 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.
NOTE: Enquiries should be directed to the Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4. (Telephone 01-6136666 Extension Nos. 6639, 6640 6641 and 6642. “Lo-Call” number (if calling from outside (01) area) 1890 220 228.