S.I. No. 64/1977 - Holidays (Agricultural Workers) Regulations, 1977.

S.I. No. 64 of 1977.

HOLIDAYS (AGRICULTURAL WORKERS) REGULATIONS, 1977.

I, MICHAEL O'LEARY, Minister for Labour, in exercise of the powers conferred on me by sections 2 , 13 and 14 of the Holidays (Employees) Act, 1973 (No. 25 of 1973), hereby make the following regulations:

1. These Regulations may be cited as the Holidays (Agricultural Workers) Regulations, 1977.

2. These Regulations shall come into operation on the date of the making by the Labour Court of the first employment regulation order under section 43 of the Industrial Relations Act, 1946 (No. 26 of 1946), following proposals to the Labour Court under section 42 of that Act submitted by the joint labour committee established under section 4 of the Industrial Relations Act, 1976 (No. 15 of 1976).

3. In these Regulations—

"the Act" means the Holidays (Employees) Act, 1973 (No. 25 of 1973);

"agricultural employer" means a person who employs other persons as agricultural workers.

4. Subject to the modifications contained in the subsequent provisions of these Regulations, the Act other than section 5 (2) shall apply to agricultural workers.

5. For the purposes of the application of the Act to agricultural workers pursuant to Regulation 4 of these Regulations, the Act is hereby modified as follows—

(a) the following definition is hereby substituted for the definition of "leave year" in section 1 (1)—

"'leave year' means a year beginning on any 1st day of January;";

(b) the following section is hereby substituted for section 3—

"(3) (1) In each leave year an agricultural employer shall allow to an agricultural worker holidays equivalent to three working weeks where the agricultural worker is continuously employed by him during that year, and proportionately less where the worker has been employed by him for eleven or fewer months.

(2) Interruptions in employment which do not exceed a total of four days in any period of one month shall not constitute a break in the continuity of employment: Provided that the agricultural worker did not work for any other employer on such days.

(3) (a) Where the period of continuous employment is not less than two months and not more than four months in duration, the holidays to which an agricultural worker is entitled shall be allowed on consecutive working days.

(b) Where the period of continuous employment is more than four months and less than eight months in duration, the holidays to which an agricultural worker is entitled shall include an unbroken period equivalent to one working week.

(c) Where the period of continuous employment is eight months or more, the holidays to which an agricultural worker is entitled shall include an unbroken period equivalent to two working weeks.

(4) Where board, lodging or board and lodging is part of remuneration, the agricultural worker may, subject to being given double pay elect not to take holidays.";

(c) the following is hereby substituted for section 4 (2) (a)—

"(a) An agricultural worker must, for entitlement under this section, have worked for the agricultural employer for at least 125 hours during the five weeks ending on the day before the public holiday.";

(d) the following is hereby substituted for section 5 (3)—

"(3) Where employment ceases during the five weeks ending on the day before a public holiday and the agricultural worker has, during the part of that period before the cesser, worked for the agricultural employer for at least 125 hours, the agricultural employer shall pay compensation to him in respect of the public holiday consisting of an extra days' pay.";

(e) the following are hereby substituted for sections 6 (1) (b) and 6 (1) (c), respectively,—

"(b) to the agricultural worker and his employer making such arrangements as they think fit for the allowance of holidays, and

(c) to the condition that holidays to be allowed in respect of any year or any period of a year shall be allowed before the end of the year, and, if the employment terminates during the year, the holidays shall be allowed before such termination.";

(f) in section 6 the following subsection is hereby inserted after subsection (3)—

"(4) Where it is the custom for an agricultural employer to grant to an agricultural worker a day's leave with full pay to attend sporting or other events held on a day other than a Sunday, a public holiday or a Church holiday, not more than six such days may be regarded as annual holidays for the purposes of this Act.";

and

(g) the following section is hereby substituted for Section 12—

"12. (1) Where an agricultural worker, in lieu of taking holidays to which he is entitled by virtue of the provisions of this Act, remains, with the consent of an agricultural employer, at work, the agricultural employer shall be deemed to have satisfied his obligation to grant holidays under this Act to the agricultural worker if—

(a) before the end of the year in which the holidays are due, or

(b) in any case where the employment terminates before the end of the year in which the holidays are due, before such termination,

in addition to wages, he pays the agricultural worker pay for annual holidays in respect of any day of annual holidays on which the agricultural worker remained at work.

(2) While an order under the Agricultural Wages Act, 1936 (No. 53 of 1936), is, for the time being, in force, benefits or advantages provided for an agricultural worker by his employer shall be reckoned as pay for annual holidays in lieu of payment in cash to the same extent as they are to be reckoned as payment of wages in accordance with such an order.".

GIVEN under my Official Seal, this 28th day of February, 1977.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE.

These regulations provide that agricultural workers come within the scope of the Holidays (Employees) Act, 1973 .