"
Employment Protection " |
The
ISSA (Established in 1999) aims
to protect, advise, educate and
promote the basic rights of all
staff that work within the racing
sector of the Irish Equine Industry,
through negotiation and open dialogue
with the IRTA (the responsible body
of the Irish Racehorse Trainers)
since 1972. |
| The
basic rights of the worker under
the Agricultural Agreement and the
National Minimum Wage Act are protected
by Irish Employment Law. |
| In
August 2004, a landmark agreement
(the first of it's kind in the world)
was reached between the ISSA and
the IRTA, with input from H.R.I.
(the controlling semi-state body).
It recognises the unique talents
of staff that work with and ride
Thoroughbred racehorses in this
country. Importantly it is reviewed
and updated yearly and we hope that
it will lay the foundations for
the future protection and prosperity
of Stablestaff in Ireland. |
| If
you have any questions on this "agreement",
or would simply like
to receive a printed copy,please
call us on 045 531 911
...
or just drop into our office |
|
|
|
| |
Agreement on Minimum Terms & Conditions of
Employment For Irish Stablestaff 2012/13 |
| Arising
from extensive negotiations between the Irish
Stablestaff Association and the Irish Racehorse
Trainers Association, the following agreement
has been reached setting out minimum terms and
conditions of employment for Stablestaff. |
| Even
though minimum terms and conditions of employment
have been established under the existing “Agricultural
Workers Joint Labour Committee”, it was
the view of both parties that a separate agreement
should be reached which recognised the uniqueness
of employment in the horse racing industry. |
| In
establishing these terms and conditions it is
recognised that these are minimum levels. This
agreement does not prohibit a trainer from paying
more favourable terms. It does, however, prohibit
the employer from paying less favourable terms. |
| |
| Table
Of Contents |
| Section
1. "Minimum Rates of Pay" |
| Section
2. "Career Structures /
Training & Development" |
| Section
3. "Attendance At Race
Meetings" |
| Section
4. "Working Hours" |
| Section
5. "Contract Of Employment" |
| Section
6. "Holidays" |
| Section
7. "Stable Employee Bonus
Scheme" |
| Section
8. "Additional Benefits" |
| Section
9. "Disciplinary &
Grievance Procedures" |
| Section
10. - "Bullying & Harassment" |
| Section
11 - "Referral of Disputes" |
| Section
12. - "Irish Stablestaff
Association" |
|
|
|
| Section
1 – Minimum Rates of Pay |
Rates
of Pay for stablestaff effective from the
1st October 2008 (12 month duration). This
represents a 10% increase on the existing
JLC (Joint Labour Committee) rates for Agricultural
Workers, therefore recognising the uniqueness
of the work carried out. Thereafter, rates
will be amended in accordance with increases
awarded under the National Wage Agreements
and/or the JLC. |
| |
Weekly
|
Hourly |
| Adult
Worker |
€
380.52 |
€
9.75 |
| Under
age 18 |
€
266.40 |
€
6.83 |
|
|
| |
| Section
2 – Career Structures / Training & Development |
| The
parties to this agreement acknowledge the need
to improve training and career development opportunities
within racing as a means of aiding recruitment
and retention
in the industry and ensuring the continued availability
of a highly skilled, flexible and well motivated
workforce. |
| Following
consultations with the various stakeholders, the
parties are committed to the introduction and
promotion of relevant training courses to meet
the identified needs of the Irish horseracing
industry, with an emphasis on flexible, cost-effective
delivery and accessibility for people throughout
the country. |
It is envisaged that the Racing Academy &
Centre of Education (RACE) will play a major role
in the provision of a broader range of training
services to the industry in the future, to include
industry-certified training for racing grooms,
skills development for existing stable staff and
enhanced support services for jockeys.
|
| Section
3 – Attendance at Race Meetings |
| The
following minimum expenses will apply to attendance
at race meetings: |
| Day
Meetings |
:
€ 40 |
| Evening
Meetings |
:
€ 50 |
Saturday
Evening & Sunday Meetings,
Public Holidays |
:
€ 75 |
| Overnight
(where the need for this arises) |
:
€ 100 |
| All
Weather Racing (Over 80km radius) |
:
€ 110 |
| All
Weather Racing (Under 80km radius) |
:
€ 75 |
|
Travelling
Abroad: In addition to the above
expenses, a worker will be reimbursed for any
accommodation expenses incurred. Expenses will
also be paid in advance.
|
| It
is recognised that allowances have not altered
significantly throughout the years and, consequently,
these allowances from now on will be adjusted
to take account of any increase applied to the
basic rates of pay. |
| Revenue
permitted tax free allowances will be applied. |
| If
attending a Saturday evening race meeting, working
the next day is voluntary. |
| Attendance
at a Saturday evening race meeting is voluntary.
In the event that an employee opts not to work
at the Saturday evening race meeting then he/she
accepts the right of the Trainer to make alternative
arrangements. |
| In
the event of not returning to the yard until after
midnight, an employee will not be required to
attend for duties before 9.00am that morning. |
Section 4 – Working Hours |
| Normal
Working Week |
| The
normal number of hours to be worked by workers in
relation to whom this agreement operates shall be
39 hours per week. |
| In
relation to workers under the age of 18, the provisions
of the Protection of Young Persons (Employment)
Act, 1996 shall apply. Trainers are expected to
fully familiarise themselves with this legislation
and to comply with its provision. |
| The
39 hour week may be implemented in any one of
the following ways, depending on the needs of
the individual yard: |
|
(a) |
A
39 hour week year round. |
|
(b)
|
38
hours for 6 consecutive months.
40 hours for 6 consecutive months.
(the months to be agreed at local level). |
(c) |
36
hours for 3 consecutive months.
40 hours for 9 consecutive months.
(the months to be agreed at local level). |
|
Weekly
pay for normal hours should not differ as a result
of the above arrangements, but should be paid
as though the 39 hour week was worked year round. |
| Overtime
rates shall be payable in respect of all time worked
in any week in excess of the declared normal hours
of work for that week. |
| Where
hours of work (including overtime) exceed 48 hours
per week, the total number of hours in any 7 day
period must not exceed 48, averaged over a period
of six months. |
| The
months of the averaging period must be consecutive,
but the employer may choose which six months they
will be. |
| Short
Day
Only a half day shall be worked on Saturdays unless
the contract of employment provides otherwise,
or 24 hours notice of a requirement to work after
1.00pm on Saturday is given to the employee by
the employer. |
| Rest
Periods
The rest periods specified for workers in Sections
11, 12, and 13 of the Organisation of Working
Time Act shall not apply. Employers shall ensure
that their employees have equivalent compensatory
rest periods and breaks available to them in accordance
with the guidelines set out in the Code of Practice
on Compensatory Rest Periods (S.I. 44 of 1998). |
General
Given the nature of the industry, employees shall
work during weekends subject to their right to one
weekend in two free from duties on a rota basis. |
Overtime
Rates
Overtime will apply after normal hours have been
worked: |
| -
For all time worked in excess of normal
hours of work on any day other than Sunday,
and including after 1.00pm on the short
day, the minimum time rate is time and one-third
( 1.33). |
| -
For all time worked on Sundays, the minimum
time-rate is time and two-thirds (1.66). |
| -
In accordance with the provisions of the
Organisation of Working Time Act, 1997,
for normal hours worked on Public Holidays,
time by two applies (2). For hours over
normal hours, the rate shall be time and
one third by two (1.33 x 2). |
|
| It
is accepted that no employee should be expected
to work extended periods without time off. In
addition he/she will receive a €25 call out
fee in addition to the Sunday expense rate. |
| Section
5 – Contract of Employment |
| In
accordance with the provisions Terms of Employment
(Information) Acts 1994 – 2001, all employees
will be provided with a contract of employment
by their employers, within two months of the commencement
of employment. |
| The
contract will include details of the terms and conditions
applicable to that employee employment. |
| Section
6 – Holidays |
| Definition |
| "Leave
year" means a year beginning on 1st April
in any year. |
| Annual
Leave |
The
leave year is 1st April, to 31st March. Depending
on time worked, employees in relation to whom
this agreement applies shall be entitled to holidays
calculated by one of the following methods: |
| (a)
4 working weeks (20 day holidays) in the
leave year in which the employee works at
least 1,365 hours (unless it is a leave
year in which the worker changed employment); |
| (b)
1/3 of a working week per calendar month
that the employee works at least 117 hours; |
| (c)
8% of the hours worked in a leave year, but
subject to a maximum of 4 working weeks. |
|
In order that no difficulty arises when planning
holidays, holiday requests must be submitted to
the employer for approval in advance.
|
| Public
Holidays |
| Employees
in relation to whom this agreement applies are
entitled (in accordance with the provisions of
the Organisation of Working Time Act, 1997) to
whichever of the following their employer determines,
in respect of public holidays: |
| (a)
A paid day off on that day |
|
(b) A paid day off within a month of that
day |
| (c)
An additional day of annual leave |
| (d)
An additional day's pay |
|
| Part-time
and short-time employees must have worked for at
least 40 hours in the 5 weeks before the public
holiday to qualify for public holiday benefit. |
| General |
| (a)
For the purposes of computing holiday remuneration,
no deductions shall be made for benefits provided
by the employer but not enjoyed by the employee
whilst on annual leave. |
| (b)
A day which would be regarded as a day of annual
leave shall, if the employee concerned is ill
on that day and furnishes to the employer a medical
certificate in respect of the illness, not be
regarded as a day of annual leave. |
| (c)
The annual leave of an employee who has 8 or more
months of service shall include an unbroken period
of 2 weeks. |
| (d)
When ascertaining whether a period is equivalent
to two working weeks, the fact that a day is a
public holiday or a day of illness shall be disregarded. |
| (e)
An employee shall be regarded as having worked
on a day of annual leave the hours he would have
worked on that day had it not been a day of annual
leave. |
| Leave
and Holiday Entitlements of Short-term and Part-time
Workers |
| Entitlement
to leave and public holidays for short-term and
part-time employees shall be calculated in the
same manner as in paragraphs 2 and 3 herein above. |
| Cesser
Pay |
Where
an employee ceases to be employed and the whole
or any portion of annual leave remains to be granted
to him, the worker shall be paid an amount equal
to the pay that he would have received if he had
been granted that leave. |
|
Section 7 – Stable Employee Bonus Scheme |
| In
accordance with Rule 298, of the Rules of Racing
and INHS Committee Rules, monies are paid to the
Trainers for distribution to registered employees
on four occasions each year. Payments will be
made in the months of April, July, October and
January covering the quarters ending in the preceding
months. |
| The
amount of the payment to be made to each employee
should be based on rules and guidelines to be agreed
between each Trainers employees. A copy of the rules
must be lodged with the Turf Club & INHS Committee,
and displayed in each yard. |
| Section
8 – Additional Benefits |
| Sick
Pay Scheme |
1.
All employees to whom this agreement applies,
having a minimum of one year’s service with
their current employer shall be covered by a Sick
Pay Scheme which entitles them to payment during
absences due to illness. Such a scheme shall be
provided by the employer, and shall be non-contributory. |
| 2.
No payment shall be made in respect of the first
3 days of any absence on sick leave. For entitlement
to payment, a certificate signed by a medical
practitioner must be produced by the third day
of any absence on sick leave, specifying the nature
of the illness. Certificates must be produced
weekly thereafter for continuance of entitlement
to sick pay. |
| 3.
It will be the employee’s duty to ensure
that the employer is informed of his/her absence
from work due to illness before normal starting
time on the first day of absence. |
| 4.
Entitlement to benefit under the Scheme will apply
only during a 12 month period in any Scheme year,
and will not carry over from one year to another. |
5.
Entitlement to benefit under the Scheme will apply
to full-time staff, and pro-rata to part-time
staff, as follows:- |
| All
Staff |
After
one year’s service: 3 weeks’
pay at appropriate minimum pay rates as
set out in this agreement and as amended
thereafter, less Social Welfare entitlement. |
|
6.
Disciplinary procedures may be applied to any
worker found to have abused the Scheme. |
7.
The employer will be entitled to refer an employee
for assessment by a doctor nominated by the employer.
The cost of any such referral will be paid by
the employer. |
8.
The employee will be responsible for claiming
his/her Social Welfare entitlements while on sick
leave, and for paying over such payments to the
employer. Monies not paid over within 6 weeks
of receipt by the employee may be treated by the
employer as payment of wages in advance. |
|
Bereavement Leave |
In
the event of absences arising from the death of
a spouse, son, daughter, brother, sister or parent,
up to three workings days will be paid. |
| Clothing |
| Assistance
by trainers will be encouraged in the purchase
of working clothes such a Jodhpurs, Jodhpur boots,
on the basis of an advance and repayments arranged
in weekly
instalments. |
| Health
& Safety |
| In
accordance with Health and Safety legislation, helmets
and back protectors will be provided by the employer. |
Employees,
in turn, have a responsibility to properly use
equipment provided and to take adequate care of
this equipment at all times. |
|
Section 9 – Disciplinary & Grievance
Procedures |
| A
“Code of Practice” on dispute resolution
tailored for this industry has been drawn up.
The purpose of this “Code of Practice”
is to provide a fair approach to issues that might
arise in individual yards |
| Disciplinary
Procedure |
| Where
an employee’s conduct, attendance or performance
warrants disciplinary action, the following procedure
will apply except in cases of gross misconduct. |
| 1.
Counselling |
| The
employee will initially be given a counselling
by his/her employer, which will be recorded
on the employee’s file. |
| 2.
Formal Verbal Warning |
| In
the event of a further breach of conduct,
poor attendance or lapse of performance,
the employee will be given a formal verbal
warning by his/her employer. This warning
will be recorded on the employee’s
file. |
| 3.
First Written Warning |
In
the event of a further breach, the employee
will be issued with a formal written warning,
a copy of which will be retained on the
employee’s file. |
| 4.
Final Written Warning & Suspension
|
| In
the event of yet a further breach, the employee
will be given a final formal written warning,
and may be given a period of unpaid suspension.
The letter will clearly state that a further
breach will lead to dismissal. |
| 5.
Dismissal |
If,
following stage 4, there are further breaches,
the employee will be dismissed. |
|
Note: With the exception of counselling, an employee
is entitled to have a
witness present at any meeting with the employer
in the form of a
colleague or a representative of the Irish Stablestaff
Association.
|
| Having
received a warning at any stage up to stage three
of the procedure, where an employee’s record
subsequently remains clear for at least six months,
that employee will revert to the previous stage
of the procedure. In the event of having reached
stage four, an employee’s record will revert
to a previous stage after maintaining a clear
record for at least one year. |
Before
any decision is taken to impose disciplinary action,
an employer must investigate the matter first
and consider any responses given by the employee. |
| Gross
Misconduct |
| In
cases of Gross Misconduct such as fighting, theft,
wilful damage to property, reporting for work
under the influence of alcohol/unprescribed drugs,
breaches of trust, abuse and neglect of horses,
etc., an employee may be summarily dismissed without
recourse to the normal disciplinary procedures.
Where an incident constituting gross misconduct
arises, an employee may be suspended with pay
in order to facilitate an investigation. |
| Following
investigation, and having established that misconduct
has occurred, the employer may decide to impose
an alternative form of discipline such as unpaid
suspension. |
| Grievance
Procedure |
It
is in everyone’s interest to establish a
clear procedure for the resolution of all issues
arising between them. Grievances will occur in
the normal course of interaction in the workplace.
A failure to follow a procedure to deal adequately
with grievances as they arise will inevitably
lead to disputes affecting the workplace. |
|
It is vital that all grievances are dealt with,
without undue delay. |
| Stage
1 |
| The
grievance will be discussed between the
employee and his/her employer. |
| Stage
2 |
| Failing
a resolution of the issue, the matter
will be referred by the employee to a
representative of the Irish Stablestaff
Association. The representative will contact
the employer with a view to endeavouring
to achieve a resolution. |
| Stage
3 |
| The
matter will be referred to the “Internal
Referral Committee” established
under this agreement, which will investigate
the issue and issue a decision within
seven working days. |
| Stage
4 |
Should
the matter remain unresolved, it will
be referred to the Labour Relations Commission
for conciliation or for a hearing by a
Rights Commissioner, whichever is appropriate.
If still unresolved, it will be referred
to the Labour Court for a formal investigation. |
|
| During
the period in which the above procedure is being
followed no form of action will be taken by either
party in the form of strike, lockout, walkout,
sit-in, go-slow, or any form of industrial action
designed to bring pressure to bear on either the
employee or the employer. |
| Section
10 - Bullying & Harassment |
| Every
employee has the right to carry out his/her work
free from any form of bullying/harassment. |
| What
is Bullying / Harassment |
| Bullying
and harassment is defined as: |
| “Unwanted
or repeated aggression or behaviour/actions of
a physical, psychological or verbal nature which
unfairly discriminates, humiliates, embarrasses
or intimidates an employee or results in an employee
feeling threatened, offended or compromised in
anyway.” |
| Sexual
Harassment is defined as: |
| “Unwelcome
sexual advances, requests for sexual favours,
other verbal or physical conduct of a sexual nature,
which results in the individual feeling threatened
or compromised in any way.” |
|
Sexual harassment should not be confused with
simple friendly behaviour or with more intimate
exchanges, if these are mutually desired and accepted.
The difference between
friendly behaviour and sexual harassment is that
sexual harassment is neither solicited nor accepted
by the recipient. It is simply unwelcome and/or
imposed. |
| The
reporting procedures, investigation and disciplinary
measures are treated in the same fashion for both
scenarios. |
| Be
aware that bullying / harassment can take many
forms and is not always obvious, but can be subtle
or insidious in nature which is no less upsetting
to the victim. It is also important to note that
bullying / harassment is generally defined not
necessarily by its intention but by the impact
of the behaviour on the recipient. So be aware
that what you consider inoffensive may be unacceptable
to another individual. |
| Informal
Procedure |
| Many
incidents of bullying / harassment can be dealt
with effectively in an informal way. Often the
harasser may be unaware of the effect their behaviour
is having on others. Therefore speaking with the
person in question, making it clear that their
behaviour is unwelcome, may be enough to rectify
the matter. |
| If
this action does not result in the bullying or
harassment stopping or a more serious incident
arises, then you should use the Formal
Procedure. |
| Formal
Procedure |
| In
the first instance, you should contact your employer
at the earliest opportunity and outline, in writing,
the nature of your complaint advising that you wish
to make a formal complaint. |
| If
your complaint relates to your employer, you may
approach the “Internal Referral Committee”
established under this agreement. |
| No
action will be taken without prior consultation
or discussion. Any complaint of bullying / harassment
will be treated with sensitivity. During investigation
discretion will be a priority, but confidentiality
cannot be guaranteed. |
| In
the interests of natural justice, the alleged
perpetrator also has rights and will be given
every opportunity to a fair and impartial hearing
and a right to challenge any allegation.Witnesses,
where appropriate may also have to be interviewed. |
All
allegations / complaints received will be thoroughly
examined and where a complaint is upheld, the
matter will be dealt with in a manner so as to
ensure no further difficulties arise. |
| Where
appropriate, external assistance will be provided
to both the accused and the victim. |
| It
is important to note that malicious/false allegations
will be treated as a disciplinary offence. |
| Section
11 - Referral of Disputes |
| A
Referral Committee has been established to examine
any complaints referred on breaches of this agreement.
The Referral Committee will also meet on at least
an annual
basis to review the working of this agreement
in its entirety and issue a short written report
to the Board of Horse Racing Ireland. |
| The
Referral Committee will comprise of one representative
from each of the following groups under the Chair
of Horse Racing Ireland: |
| Irish
Stablestaff Association |
| Irish
Racehorse Trainers Association |
| Turf
Club |
| Horse
Racing Ireland |
|
| Additional
representatives from other bodies, if deemed appropriate,
may also be included in the committee. |
| Working
under standing orders, the Referral Committee
will examine any written complaint referred on
breaches of the Agreement on Minimum Terms &
Conditions of Employment for Stablestaff, dated
November 2005. The Referral Committees findings
will be published and considered binding. |
| Section
12 – Irish Stablestaff Association |
Recognition
is given to the role played by the Irish Stablestaff
Association in providing appropriate representation
on behalf of employees covered by this agreement.
From time to time information will be issued to
yards for the benefit of employees. Trainers undertake
to nominate a person working in the yard who will
be the recipient of such information. |
Agreement
on Minimum Terms & Conditions
of Employment For Irish Stablestaff |
| |
Signed
on behalf of the Irish Racehorse Trainers
Association : |
Signed
on behalf of the
Irish Stablestaff Association: |
| Jim
Kavanagh |
Bernard
Caldwell |
| Noel
Meade |
Patrick
Doyle |
| Michael
Halford |
Michael
Maher |
| |
|
|
Dated
this ______ day of______ 2008 |
| ***** |
