The AW JLC is responsible for establishing rates of pay and terms of employment for workers in the Agricultural Industry.

The JLC was established under the provisions of the Industrial Relations Act 1946 and its proposals are legally finding on employers. On the recommendation of the JLC, the Labour Court issues on EMPLOYMENT REGULATION ORDER (ERO) which outlines the new statutory minimum rates of pay and terms of employment.

Agricultural employers must display a ‘prescribed notice’ in the place of work setting out the particulars of the Agricultural Workers ERO. The current ERO was issued on the 3rd May 2010 and is available to down load from the Department of Enterprise, Trade and Innovation website – www.deti.ie

The Agricultural Workers Employment Regulation Order which came into effect on the 3^rd May 2010 introduced the following Statutory Minimum Pay Rates:

The Employment Regulations Order provides for a flexible working week, minimum 30 hours and maximum 48 hours per week.

Workers are entitled to be paid a premium time rate of ‘time plus one third’ for hours worked;
•    Over 48 hours per week
•    On agreed days off
•    Or for Sunday work

The Organisation of Working Time Act 1997 provides for a maximum working week at an average of 48 hours.  The working week average maybe calculated over a reference period up to 6 month period.

Workers are entitled to rest periods as follows:

•    Daily rest period of 11 consecutive hours in 24 hours
•    Weekly rest periods of 24 consecutive hours
•    15 minutes break after working 4.5 hours
•    30 minutes break after working 6.0 hours

There is no legal obligation to pay for rest periods.
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The Agricultural Workers Employment Regulation Order provides for a non-contributory sick pay entitlement for workers after a 6 months service with the current employer.

The scheme entitles the worker to a payment as follows;

Length of Service     Entitlement
0 – 6 months                   nil
6 – 12 months                 5 days @ €20 per day
12 – 24 months               10 days @ €20 per day
25 months +                    15 days @ €20 per day

The worker is responsible for claiming entitlements from the Department of Social and Family Affairs where applicable.

Workers must comply with notification procedures and the entitlement does not carry over from one year to another.

The National Employment Rights Authority (NERA) was established to ensure that employers meet their obligation to workers and to develop a ‘culture of employment rights compliance’.

The terms of Employment (information) Act 1994 provides that an employer must issue their employees with a written statement of terms and conditions relating to their employment within two months of commencing employment. It must include the following:

• The full names of the employer and the employee
• The address of the employer
• The place of work or where there is no main place of work, statement indicating that an employee is required or permitted to work at various places.
• Job title or nature of the work
• Date of commencement of employment
• If the contract is temporary, the expected duration of employment
• If the contract is for a fixed-term, the dateon which the contract expires
• The rate of pay or method of calculating pay
• Whether pay is weekly, monthly or otherwise
• Terms or conditions relating to hours of work, including overtime
• Terms or conditions relating to incapacity for work due to sickness or injury
• Terms or conditions relating to pensions and pension schemes
• Periods of notice or method for determining period of notice
• A reference to any collectiveagreements which affect the terms of employment.