ĐĎॹá>ţ˙ bdţ˙˙˙a˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙˙ěĽÁ7 đżŃ8bjbjUU 0^7|7|Ş3&˙˙˙˙˙˙lěěěěěěě...8fzl=<€ňňăăăů4ű4ű4ű4?:5<v8<˛;$˝= Ý?ŘÖ;!ěăăăăăÖ;ďěěŰ÷;ďďďă*ěěů4ďăů4ďz ďi&Şm3|ěěĺ4ć T˙+ęYĹ.. Ęé3ĺ4 <0=<ű3ęľ@׾@ĺ4ďěěěěŮ RESEARCH, LEGISLATION & LABOUR STANDARDS DIVISION ATTORNEYS' & NOTARIES' EMPLOYEES REMUNERATION ORDER REGULATIONS 1994 c&c&c&c&c&c&c&c&c& THE INDUSTRIAL RELATIONS ACT Regulations made by the Minister under section 96 of the Industrial Relations Act. Govt Notice No. 188 of 1994. Effective as from 04. 11. 1994 GN No. 172 of 1997 wef 1.7.1997 GN No. 116 of 1998 wef 1.7.1998 GN No. 105 of 1999 " 1.7.1999 GN No. 144 of 2000 " 1.7.2000 GN No. 111 of 2001 " 1.7.2001 GN No. 160 of 2002 " 1.7.2002 GN No 150 of 2003 " 1.7.2003 GN No. 136 of 2004 " 1.7.2004 Previous: (GN Nos. 195/76, 61/79, 139/81,268/81, 109/83, 191/83, 128/90) 1. These regulations may be cited as the Attorneys' and Notaries' Employees (Remuneration Order) Regulations 1994. 2. In these regulations - "clerk" means a person employed by an attorney at law or a notary for the purpose of performing duties in connection with legal matters, attending courts, registration and mortgage office and such other duties relating or pertaining to the profession of attorney or notary; "earnings"- (a) means basic wages; and (b) includes - (i) wages for work done in excess of a normal day's work or on a public holiday; (ii) remuneration paid under paragraphs 6 and 7 of the Second Schedule. "typist" means a person who is engaged wholly or mainly in typing letters, memorandum and similar matter according to written, dictated or other information, makes typewritten copies of existing records and may operate an office telephone switchboard. 3.(1) Subject to paragraphs (2) and (3) and regulation 5, every employee shall be - (a) remunerated at the rates specified for his category in the First Schedule; governed by the conditions of employment specified in the Second Schedule. (2) The rates specified in the First Schedule include the appropriate additional remuneration payable under the Additional Remuneration Act … (3) Subject to paragraph (4), where a salary scale applies to an employee, he shall be entitled to - (a) one increment for every year of service he reckons with his present employer in the same grade or category; and (b) one increment for every two years of service he reckons with his past employer in the same grade or category. (4) Where a clerk passes the examination prescribed for ushers, he shall, in addition to any increment payable under paragraph (3),be entitled to two increments. 4. Any agreement by an employee to relinquish his right to paid holiday or to forego such leave shall be void. 5. Nothing in these regulations shall - (a) prevent an employer from paying an employee remuneration at a rate higher than that specified in the First Schedule or from providing him with conditions of employment more favourable than those specified in the Second Schedule. (b) authorise an employer to reduce an employee's remuneration or to alter his conditions of employment so as to make them less favourable. 6. The Attorneys' and Notaries' Clerks (Remuneration Order) Regulations 1976 are revoked. Made by the Minister on 4 November 1994. **************** SECOND SCHEDULE ( regulations 2, 3,and 5 ) 1. Normal working hours (1) A normal working week shall consist of 33 hours. (2) A normal working day shall, excluding time allowed for meal and tea breaks, consists of 6 hours except on Saturday when it shall consist of 3 hours. 2. Meal and tea breaks Every employee shall be entitled on every working day to - (a) a meal break of one hour ; and (b) a tea break of 15 minutes. 3. Extra work An employee who performs more than a normal day's work on any working day shall be remunerated at one and a half times the basic rate per hour. 4. Notional calculation of basic rate For the purpose of determining remuneration payable for extra work or for any other cause - (a) a month shall be deemed to consist of 26 days: and (b) a day shall be deemed to consist of 6 hours. 5. Payment of remuneration (1) Every employee shall be paid his salary during working hours, not later than the second working day in the following month. (2) Every employer shall, at the time of paying the wages of an employee, issue to him a payslip stating inter alia - (a) the employee's name, category and his social security number; (b) his total wages and each item of allowance; (c) every deduction made and its purpose; (d) the total number of days on which he was present at work; (e) the hours of extra work and the corresponding extra payment. 6. Annual leave (1) Where an employee has remained in continuous employment with the same employer for 12 consecutive months,he shall be entitled to 14 working days' leave on full pay in the following 12 months. (2) Seven days of the leave may, with the employer's approval, be taken consecutively, and the remaining 7 days shall be taken at such time as the employer may determine. (3) Where an employee has not taken or been granted all the leave to which he is entitled to under subparagraph (1) he shall, except if he is dismissed for misconduct before the expiry of the period of 12 months, be paid a normal day's salary in respect of each day's annual leave still due at the end of the period. 7. Sick leave (1) Subject to subparagraph (2), where an employee who has remained in continuous employment with the same employer for 12 consecutive months is sick, he shall, during the following 12 months be entitled to - (a) 21 days' sick leave on full pay; and (b) a further period of 15 days on half pay in respect of any time which is either - (i) wholly spent in a clinic or hospital; or (ii) certified by a medical practitioner of the clinic or hospital as being necessary for the recuperation of the worker's health immediately after his discharge from the clinic or hospital. (2) Where an employee is absent owing to sickness, he shall notify his employer of the fact on the first day of absence and, if he remains sick for more than 4 consecutive days, he shall forward a medical certificate to that effect so as to reach his employer not later than the fifth day of absence. (3) An employer may, at his own expense, cause a medical practitioner to examine an employee who is absent owing to sickness. 8. Special leave (1) Every employee who has remained in continuous employment with the same employer for 12 consecutive months shall be - (a) entitled to leave on full pay for the purpose of sitting for a legal examination; (b) given at least half day's time off with pay twice a week for tuition for the purpose of preparing for a legal examination. (c) subject to subparagraph (2), entitled to one month leave on half pay for the purpose of preparing for a legal examination. (2) No employee shall be entitled to leave under subparagraph (1)(c) for more than three attempts at the same legal examination. 9. Maternity benefits (1) Subject to subparagraph (2), where a female employee has remained in continuous employment with the same employer for 12 months immediately preceding her confinement, she shall, on production of a medical certificate, be entitled to - (a) 12 weeks' leave on full pay to be taken at her discretion before and/or after confinement provided that at least 6 weeks' leave shall be taken immediately following the confinement; and (b) an allowance of Rs.500 payable within 7 days of her confinement. (2) Where a female employee who has at any time had 3 confinements is pregnant, she shall not be entitled to the benefits specified in subparagraph (1) but she shall be entitled to only the leave as specified in subparagraph (1)(a) without pay. (3) Subject to subparagraph (4), where a female employee is nursing her unweaned child, she may require her employer to grant her at such time as is convenient to her- (a) a break of one hour daily; or (b) a break of half an hour twice daily, for the purpose of nursing her unweaned child. (4) The employer may require a break under subparagraph (3) to be taken immediately before or after a meal or tea break. (5) No break under subparagraph (3) shall be deducted from the number of hours of work of the employee. (6) Where a female employee suffers a miscarriage which is duly certified by a medical practitioner, she shall be entitled to 2 weeks' leave on full pay immediately after the miscarriage 10. Medical facilities Every employee of a notary shall, on the recommendation of an eye specialist, be provided free of charge by the employer, a pair of spectacles. 11. Transport facilities (1) Where a clerk is called upon to attend duties over 1.6 km away from his normal place of employment, he shall be paid the return bus fare and if no bus is available, the amount actually spent on transport, if no transport is provided. (2) Every employee shall be entitled, unless the employer provides transport facilities, to full return bus fares if the distance between his residence and the place where he reports for work exceeds 3.2 km. 12. Meal allowance Where a clerk has, by reason of his employment, to spend the day at a distance of 5 km or over from his normal place of employment for the purpose of his employer's business, he shall be entitled to an allowance of Rs.25. 13. End of year bonus (1) Where an employee has remained in continuous employment with the same employer for 12 consecutive months, he shall be entitled at the end of the year to a bonus equivalent to 1/12 of his earnings for that year. (2) Every employee who - (a) takes employment during the course of the year; (b) is still in employment as at 31 December; and (c) has performed a number of normal days' work equivalent to not less than 80 per cent of the working days during his employment in that year, shall be entitled at the end of that year to a bonus equivalent to 1/12 of his earnings for that year. (3) Seventy-five per cent of the expected bonus shall be paid not later than 5 clear working days before 25 December and the balance not later than on the last working day of the same year. (4) For the purpose of payment of the end of year bonus a day on which an employee - (a) was absent with the employer's authorisation; (b) has reported for work but has not been offered work by his employer; or (c) has absented himself on ground of - (i) illness after notification to his employer under paragraph 7(2);or (ii) injury, shall count as a working day. 14. Death grant Where an employee who has remained in continuous employment with the same employer for 12 consecutive months dies, the employer shall pay the sum of Rs.2000 to - (a) his surviving spouse; or (b) if he leaves no suviving spouse, the person who satisfies the employer that he has borne the funeral expenses. 15. Certificate of employment (1) Where an employee leaves the employment of an employer he shall, not later than the day on which he leaves the employment, be issued by the employer with a certificate stating the duration of his time of employment, post held and if the employee so desires, his rate of remuneration. (2) A certificate issued under subparagraph (1) shall not contain anything unfavourable to the employee. 16. Overseas leave (1) Every employer shall grant to every employee reckoning continuous employment with him for a period of at least 15 years one overseas leave of at least two months to be wholly spent abroad. (2) At least one month of the leave specified in subparagraph (1) shall be with pay, such pay being effected in advance and at least 7 days before the employee proceeds abroad. (3) For the purposes of annual and sick leave and end of year bonus, such overseas leave shall be deemed to constitute attendance at work. 17. Gratuity at death or on retirement before 60 (1) Subject to subparagraph (2), every employer shall pay a gratuity where an employee- (a) dies; or (b) retires before the age of 60 on ground of permanent incapacity to perform his work duly certified by a Government Medical Practitioner, provided the employee has been in continuous employment for not less than 10 years with the same employer. (2) Where the death of an employee occurs after the age of 60 , the gratuity under subparagraph (1) shall be payable only if the employee has not been paid severance allowance by the employer in accordance with the Labour Act after reaching the age of 60. (3) The gratuity shall be paid - (a) in a lump sum and calculated according to the formula N x W/2,where "N" means the number of years of service and "W"means the last monthly wage; (b) to the employee or the deceased employee's surviving spouse or where he leaves no surviving spouse,in equal proportion to his dependants; (c) irrespective of any benefits the employee or the deceased employee's surviving spouse or his dependants, as the case may be, may be entitled to under the National Pensions Act. 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