Employment

What is the Agricultural Workers Joint Labour Committee (Aw Jlc)?

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 14th April 2008 and is available to down load from the Department of Enterprise, Trade and Employment website – www.entemp.ie .

What are the Satutory Minimum Rates of Pay?

The Agricultural Workers Employment Regulation Order which came into effect on the 14^th April 2008 introduced the following Statutory Minimum Pay Rates:

EFFECTIVE DATE EXPERIENCED ADULT WORKER

14 April 2008 €8.87

14 January 2009 €9.10

14 July 2009 €9.33

Workers who are not ‘experienced adult workers’ may be paid less than the Statutory Minimum Rate in limited circumstances:

a) Under the age of 18

b) In 1^st or 2^nd year of work

c) Engaged in a ‘structured training’ programme

The National Minimum Wage applies to workers not covered by the ERO. The National Minimum Wage is currently €8.65 per hour.

What are normal working hours per week?

The Agricultural Workers Employment Regulations Order, provides for a normal working week at 39 hours.

The 39 hour week maybe implemented in one of three different ways:

1) Standard 39 hours week

2) 38 hours for 6 months and 40 hours for 6 months

3) 36 hours for 3 months and 40 hours for 9 months. �

Workers are entitled to be paid overtime after normal working hours:

- All days Monday to Friday ‘time-and-one-third’

- Saturday after 1.00pm ‘time-and-one-third’

- Sundays ‘time-and-two-thirds’

- Public Holidays (normal hours) ‘Double time’.

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 – 4 months or 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.

What are normal annual leave entitlements?

All workers, full-time, part-time, temporary or casual earn annual leave entitlements from the time they start work. Mostworkers are entitled to four weeks’ (20 working days) paid annual leave per leave year.

The employer determines the timing of annual leave, taking into consideration worker requests and the demands of the business. Pay for the leave must be given in advance and calculated at the normal weekly rate.

What are the Irish Public Holidays?

PUBLIC HOLIDAYS

There are nine public holidays each year:

1) New Year’s Day

2) St. Patrick’s Day

3) Easter Monday

4) The first Monday in May

5) The first Monday in June

6) The first Monday in August

7) The last Monday in October

8) Christmas Day

9) St. Stephen’s Day

If the holiday falls on a day on which you normally work, you are entitled to either:

· A paid day off on the holiday

· A paid day off within a month

· An extra day’s pay

· An extra day’s annual leave

What are workers normal sick-leave entitlements?

The Agricultural Wrkers Employment Regulation Order provides for a non-contributory sick pay entitlement for workers after a 12 months service with the current employer.

The scheme entitles the worker to a payment of up to three weeks pay less social welfare entitlement in 12 month period.

No payment in respect of the first three days of any absence on sick leave.

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

What is the National Employment Rights Authority (NERA)?

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’.

NERA inspectors have the power to enter premises, inspect wage and employment records, interview workers. If the employer is found to be in breach of the Agricultural Workers Employment Regulation Order or employment law, NERA may take action to recover arrears of wages and/or take legal proceedings against the employers.

What should an employment Contract include?

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.

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