S.I. No. 374/1948:

EMPLOYMENT REGULATION (No. 2) ORDER (LAW CLERKS JOINT LABOUR COMMITTEE), 1948.

EMPLOYMENT REGULATION (No. 2) ORDER (LAW CLERKS JOINT LABOUR COMMITTEE), 1948.

WHEREAS pursuant to the provisions of Section 42 of the Industrial Relations Act, 1946 (hereinafter called " the Act ") the Law Clerks Joint Labour Committee (hereinafter called " the Committee ") has submitted to the Labour Court (hereinafter called " the Court ") the proposals set out in the Schedule hereto for fixing the minimum rates of remuneration and regulating the conditions of employment of workers in relation to whom the Committee operates ;

AND WHEREAS the provisions of section 43 of the act have been complied with ;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by section 43 of the act hereby orders as follows :--

(1) This order may be cited as the Employment Regulation (No. 2) Order (Law Clerks Joint Labour Committee), 1948.

(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 the 12th day of November, 1948.

SCHEDULE.

PART I.

GENERAL MINIMUM TIME RATES.

SECTION I.--MANAGING CLERKS.

A Managing Clerk is a legal assistant (not being a Solicitor) of not less than 10 years' experience, who is fully experienced in all the branches of a Solicitor's work conducted in the Office in which he is employed, who is able to, and habitually does, conduct legal cases, including the interviewing of Clients, in that Office without constant supervision and who is entrusted with the control of a staff of not less than three.

SECTION II.--CONVEYANCING CLERKS.

A Conveyancing Clerk is a person who is fully experienced in, and who is wholly or mainly engaged in, title work in all its branches, including the preparation of contracts, investigation of title, drawing and completion of conveyances, mortgages and other deeds.

SECTION III.--COSTS CLERKS.

A Costs 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 employer.

PART II.

CONDITIONS OF EMPLOYMENT.

Overtime : All hours worked in excess of 38 in any week shall be overtime and shall be paid for at overtime rates.

Minimum hourly rates for overtime shall be as follows :--

(i) For the first two hours of overtime : One-and-a-quarter times the hourly rate otherwise applicable, i.e., Time-and-a-quarter.

(ii) For all hours of overtime in excess of the first two hours : One-and-a-half times the hourly rate otherwise applicable, i.e., Time-and-a-half.

(iii) For all hours worked on a Sunday or on a customary public or statutory holiday: Twice the hourly rate otherwise applicable, i.e., Double time.

Note : For overtime purposes " the hourly rate otherwise applicable " shall be the appropriate weekly wage divided by 38.

Meal Intervals : Meal intervals shall not be reckoned as time worked.

Full-time Workers : Where the normal working hours prescribed by an employer are 38 or less in any 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 rate set out in Part I.

Part-time Workers : For the purposes of calculating the hourly rate payable to a worker, other than a full-time worker, the appropriate weekly wage shall be divided by 38.

PART III.

HOLIDAYS AND HOLIDAY REMUNERATION.

The workers specified in this Schedule, who qualify for annual leave under Section 10 of the Holidays (Employees) Act, 1939 , shall, in addition to the seven consecutive whole holidays prescribed therein, be granted a further period of seven consecutive whole holidays, and the payment in respect of this further period shall be calculated in the same manner as that for the statutory period provided by that Act.

PART IV.

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

GIVEN under the Official Seal of the Labour Court this 2nd day of November, 1948.

(Signed) T. J. CAHILL,

A person authorised under Section 18 of the Industrial Relations Act, 1946 , to authenticate the Seal of the Court.