S.I. No. 181/1998 - Employment Regulation Order (Law Clerks Joint Labour Committee), 1998

S.I. No. 181 of 1998.

EMPLOYMENT REGULATION ORDER (LAW CLERKS JOINT LABOUR COMMITTEE), 1998

WHEREAS the Labour Court (hereinafter called "the Court"), pursuant to the provisions of the Industrial Relations Acts, 1946-1990, made an Employment Regulation Order (Law Clerks Joint Labour Committee), 1997 dated 23rd June, 1997 ( S.I. No. 273 of 1997 ) (hereinafter called "the said Order") fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Law Clerks Joint Labour Committee (hereinafter called "the Committee") operates;

AND WHEREAS the Committee has submitted to the Court a proposal for revoking the said Order;

AND WHEREAS the Committee has also submitted to the Court the proposals set out in the Schedule hereto for fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Committee operates;

AND WHEREAS the provisions of Section 48 of the Industrial Relations Act, 1990 have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 43 (4) of the Industrial Relations Act, 1946 , and by Section 48 (4) of the Industrial Relations Act, 1990 hereby Orders as follows:—

(1) This Order may be cited as the Employment Regulation Order (Law Clerks Joint Labour Committee), 1998.

(2) Effect is hereby given to the proposals set out in the Schedule hereto.

(3) The provisions set out in the Schedule hereto shall have effect as from 12th June, 1998 and as from that date the said Order shall be revoked.

NOTE: Enquiries should be directed to the Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Telephone 01-6608444 Extension Nos. 301, 303 and 304. "Lo-Call" number (if calling from outside (01) area) 1890 220 228).

SCHEDULE

PART I

STATUTORY MINIMUM REMUNERATION FOR WORKERS EMPLOYED IN ALL AREAS

		FROM 12th JUNE, 1998	FROM 12th DECEMBER, 1998
		Per Week
		£	£
SECTION I	MANAGING CLERK
	A Managing Clerk is a legal assistant (not being a Solicitor) who is fully experienced in all branches of a Solicitor's work conducted in the office in which he/she is employed and who is able to, and habitually does, conduct legal cases including the interviewing of clients, in that office, without constant supervision.	253.62	258.69
SECTION II	CONVEYANCING CLERK/COST CLERK
	1st year of employment	211.11	215.33
	2nd year of employment	219.63	224.02
	3rd year of employment	225.28	229.79
	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.

		FROM 12th JUNE, 1998	FROM 12TH DECEMBER, 1998
		Per Week
		£	£
SECTION III	GENERAL LAW CLERK 17 YEARS OF AGE AND OVER
	First six months of employment	131.54	134.17
	Second " " " "	137.92	140.68
	2nd year of employment	144.28	147.17
	3rd year of employment	150.64	153.65
	4th year of employment	157.50	160.65
	5th year of employment	168.70	172.07
	6th year of employment	175.80	179.32
	7th year of employment	183.12	186.78
	8th year of employment	194.10	197.98
	9th year of employment	202.62	206.67
	10th year of employment	211.11	215.33
	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.

		FROM 12th JUNE, 1998	FROM 12TH DECEMBER 1998
		Per Week
		£	£
SECTION IV	SHORTHAND TYPIST/TYPIST
	First six months of employment	131.54	134.17
	Second " " " "	137.92	140.68
	2nd year of employment	144.28	147.17
	3rd year of employment	150.64	153.65
	4th year of employment	157.03	160.17
	5th year of employment	164.02	167.30
	6th year of employment	171.06	174.48
	7th year of employment	178.22	181.78
	8th year of employment	185.68	189.39
	9th year of employment	194.10	197.98
	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 person shall be paid the rate appropriate to a law clerk.

		FROM 12TH JUNE, 1998	FROM 12TH DECEMBER, 1998
		Per Week
		£	£
SECTION V	MESSENGER
	1st year of employment	127.36	129.91
	2nd year of employment	133.71	136.38
	3rd year of employment	140.05	142.85
	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

Workers in relation to whom the Committee operates shall be entitled to a total of 20 days' paid leave per year.

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, cost clerks, typists, stenographers, and book-keepers, but excluding Solicitors' Apprentices and Solicitors.

Given under the Official Seal of the Labour Court this 8th day of June, 1998.

(SIGNED) EVELYN OWENS

CHAIRMAN

EXPLANATORY NOTE

This Instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 12th June, 1998 for certain workers employed in Solicitors' Offices. It is made by the Labour Court on the recommendation of the Law Clerks Joint Labour Committee.