IMPORTANT NOTICE: The Irish Supreme Court on 9th May 2013 declared that "the provisions of Part III of the Industrial Relations Act 1946 are invalid having regard to the provisions of Article 15.2.1 of the Constitution of Ireland". The judgment has the effect of striking down Registered Employment Agreements put in place under the 1946 Industrial Relations Act.
It should be noted, however, that existing contractual rights of workers in sectors covered by Registered Employment Agreement are unaffected by this ruling. Contractual rights can be altered only by agreement between the parties involved.
Parties to Agreement
This REA has been agreed on behalf of their members between the Irish Business and Employers Confederation (IBEC) and MANDATE (the Union of Retail, Bar and Administrative Workers).
Application
It applies to all establishments in the County Borough of Dublin, the County of Dun Laoghaire/Rathdown, County of South Dublin and the County of Fingal whose business is wholly or mainly in selling either footwear, clothing, headgear, drapery or haberdashery. It applies to all persons employed in sales and to related clerical employees and supervisors. It does not apply to employees in pharmacies, hairdressing, catering, lending libraries, travel agencies and post office departments of such establishments. See REA for detailed definitions of all categories covered.
Remuneration
Minimum Pay
Rates of minimum pay vary depending on job type and length of service. Full details relating to statutory minimum rates of pay for each job type are set out in the REA. The figures set out in the agreement may on occasion be less than the current national minimum rate of pay. In such circumstances the statutory minimum hourly rate applicable at that time replaces the outdated figures.
Overtime Rates
On weekdays, employees are entitled to be paid overtime of time-and-a-half during non-trading hours and double time during trading hours for any time worked in excess of the normal working week of 37½ hours. Where employees work their day off, they are entitled to be paid time-and-a-half for the first four hours and double time thereafter.
Conditions of Employment
Working hours
The normal number of hours is 37.5 hours per week. This is rostered over a maximum of five days. Employees are entitled to be notified one week in advance of any change in normal rostered hours.
Rest Periods
All employees are entitled to breaks and rest periods in accordance with the Organisation of Working Time Act, 1997. Specifically, no employee shall be required to work continuously for more than 4.5 hours without a break of at least 15 minutes (paid) exclusive of the main meal break of 60 minutes (unpaid).
Holidays
Annual leave and public holiday entitlements are in accordance with the Organisation of Working Time Act, 1997. Employees are also entitled to a day off on Good Friday or to a day off in lieu or on a pro rata basis if appropriate.
Sick Pay Scheme
The Sick Pay Scheme divides employees into two categories:
- Pre-29th August 2003 employees are entitled to a payment equal to one day’s pay subject to a maximum of 12 days in any calendar year.
- Part-time employees will be entitled to the benefit as outlined above on a pro rata basis. Post-29th August 2003 employees who have 12 months’ service are entitled to a payment equal to one day’s pay for any such absence subject to a maximum of eight days after 12 (but less than 18) months’ service and twelve days where service attained is in excess of 18 months. Part-time employees will be entitled to the benefit as outlined above on a pro rata basis.
Both categories of employees must provide employers with a doctor’s certificate on the fourth consecutive day of absence. Payment will be reduced by the amount equivalent to the amount that is received by such employees by way of disability benefit.
Miscellaneous
The REA also provides for special conditions in relation to service pay. See REA for more details