ࡱ> pro7 CbjbjUU $p7|7|>+llllllll,,,8d$t0Gd6f6f6f6?6>F$H JF!lF#llF###llld6#d6##,rP5TllP6 C@,d5P6G00G5K RKP6#llll RESEARCH, LEGISLATION & LABOUR STANDARDS DIVISION CLEANING ENTERPRISES REMUNERATION ORDER REGULATIONS 1995 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 GN No. 150 of 1995 Effective 01.10.1995 GN No. 89 of 1996 " 8.8.1996 GN No. 176 of 1997 WEF 1.7.1997 GN No. 122 of 1998 " 1.7.1998 GN No. 111 of 1999 " 1.7.1999 GN No. 150 of 2000 " 1.7.2000 GN No. 117 of 2001 " 1.7.2001 GN No. 166 of 2002 " 1.7.2002 GN No. 155 of 2003 " 1.7.2003 GN No. 142 of 2004 " 1.7.2004 1. These regulations may be cited as the Cleaning Enterprises (Remuneration Order) Regulations 1995. 2. In these regulations - "accounts clerk" means a worker who performs one or more of the following duties-- (a) receiving cash and keeping relevant records; (b) preparing money for deposits in bank and arranging withdrawals; (c) effecting bank deposits and withdrawals; and (d) making up wage packets and wage sheets; "cleaner" means a worker who does general cleaning of premises and keeps them in orderly conditions; "cleaning enterprise" means the enterprise engaged in general cleaning and keeping in an orderly condition premises, streets and other open places;GN No 89/1996 "clerk" means a worker who performs clerical or similar duties and includes a typist; "continuous employment"means the employment of a worker under an agreement or under more than one agreement where the interval between one agreement and the next does not exceed 28 days; "driver"means a worker in possession of a valid driving licence for the vehicle he is required to drive and who - (a) drives a motor vehicle for transport of waste, refuse, materials or personnel; (b) makes minor repairs and keeps the vehicle clean and in good running order; (c) carries out daily routine maintenance and checks; and (d) reports any mechanical defects promptly to his employer; "driver grade I" means a worker who drives a vehicle of over 10 tonnes; "driver grade II" means a worker who drives a vehicle of more than 5 tonnes but less than 10 tonnes; "driver gradeIII" means a worker who drives a vehicle of not more than 5 tonnes; "earnings" means -- (a) basic wages; and (b) includes remuneration paid under paragraphs 2,4,5 and 9 of the Second Schedule; "helper" means a worker who accompanies a driver for the purpose of loading and unloading waste, refuse or materials carried in the vehicle; "lavatory attendant" means a worker who cleans public lavatories and maintains their tidiness and who may also be called upon to perform the duties of a scavenger; "receptionist/telephonist" means a worker who performs one or more of the following duties - (a) operating a telephone switchboard; (b) receiving, recording and passing telephone messages; (c) supplying information to callers and directing them to persons called upon; and (d) keeping records of callers; "scavenger" means a worker who cleans streets and other open public places; "store clerk" means a worker who is responsible for the procurement, receipt, custody, issue and the keeping of records of materials in a store; "supervisor" means a worker who is responsible for supervising the work of other workers and who may be required to record the attendance of workers under his supervision; "vehicle attendant" means a worker who accompanies a driver for the purpose of changing flat tyres and securing any cargo carried by the vehicle and doing similar light duties; "worker"- (a) means a person who works under a contract of service with a cleaning enterprise whether the contract is oral or in writing; (b) does not include a worker - (i) governed by any other Remuneration Order; (ii) employed by any statutory body or local authority. 3 (1) Subject to the other provisions of this regulation and regulation 5, every worker shall be - (a) remunerated at the rates specified in the First Schedule; and (b) governed by the conditions of employment specified in the Second Schedule. (2) The rates specified in the First Schedule are inclusive of the Additional Remuneration payable under the Additional Remuneration Act. (3) Where a scale of wages applies to a worker, his entry point in the scale shall be determined having regard to the number of completed years of service he reckons with his employer in the category, and every worker shall receive one increment for every completed year of service. (4) An employer may require a lavatory attendant to perform the duties of a scavenger during his normal hours of work. 4 Any agreement by a worker to relinquish his right to a paid holiday or to forego such holiday shall be void. 5 Nothing in these regulations shall - (a) prevent an employer from paying a worker 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 a worker's remuneration or to alter his conditions of employment so as to make them less favourable to the worker. 6 These regulations shall come into operation on 1 October 1995. Made by the Minister on 21 September 1995 SECOND SCHEDULE (regulation 3) 1. Normal working hours (1) A normal working week shall - (a) be of 45 hours; (b) be completed in any period of 6 consecutive days. (2) A normal day's work shall consist of such number of hours as agreed upon between the employer and the worker, but shall not exceed 8 hours' actual work, excluding time allowed for meal and tea breaks. (3) Where a worker's normal day's work consist of 8 hours he may on one day of the week, agreed upon between the employer and the worker, stop work after 5 hours' work and the employer shall pay a full day's wages in respect of that day. (4) A worker may be required to work on a public holiday. (5) Every worker shall be entitled - (a) on every working day to - (i) a lunch break of one hour; and (ii) 2 tea breaks of 10 minutes each; (b) to at least one rest day on a Sunday in a month. 2. Extra work and notional calculation of basic rate (1) Subject to paragraph 9, where a worker - (a) performs more than a normal day's work on any day, other than a public holiday, he shall be remunerated at one and a half times the basic rate in respect of the additional hours of work which he performs; (b) works on a public holiday, he shall be remunerated - at twice the basic for every hour up to the number of hours of work agreed upon between the worker and the employer; thereafter, at 3 times the basic rate. (2) For the purpose of determining remuneration due for extra work or for any other reasons - (a) a month shall be deemed to consist of 26 days; and (b) a day shall be deemed to consist of the agreed number of hours, but shall not exceed 8. 3. Payment of remuneration (1) Every worker shall be paid his wages during working hours - (a) in the case of a monthly paid worker, not later than the second working day in the following month; (b) in any other case, not later than the last working day of the week. (2) Every employer shall, at the time of paying the wages of a worker, issue to him a payslip stating inter alia - (a) the worker's name, category, and his social security number; (b) the total wages and each item of allowance; (c) all deductions made and the reasons therefor; (d) the total number of days on which he was present at work; (e) the number of hours of extra work performed by him and the corresponding extra payment. 4. Annual leave (1) Every worker who has remained in continuous employment with the same employer for 12 consecutive months shall, in the following 12 months, be entitled to 14 days' annual leave on full pay. (2) Seven days of the annual leave may be taken consecutively at such time as the worker may, on application made to and approved by the employer, elect. (3) The remaining 7 days of the annual leave shall be taken at such time as the worker and the employer may agree or, in default of agreement, at such time as the employer may determine. (4) Every worker shall be paid a normal day's wages in respect of each day's annual leave still due to him at the end of the period of 12 consecutive months, except where, before the end of the period, he has - (a) been dismissed from his employment for misconduct; or (b) broken his agreement. 5. Sick leave (1) Subject to subparagraph (2), where a worker who has remained in continuous employment with the same employer for twelve consecutive months is sick, he shall, during the following twelve months be entitled to - (a) twenty-one days sick leave on full pay; and (b) a further period of fifteen days sick leave on half pay in respect of any time which is - (i) wholly spent in a clinic or hospital; or (ii) certified by a medical practitioner of the clinic or hospital as necessary for the recuperation of the worker's health after his discharge from the clinic or hospital. (2) Where a worker is absent owing to sickness, he shall-- (a) notify his employer of the fact on the first day of absence; and (b) if he remains sick for more than four consecutive days, forward a medical certificate to that effect so as to reach his employer on the fifth day of absence. (3) An employer may, at his own expense, have a worker absent owing to sickness examined by a medical practitioner of his choice. 6. Travelling benefits (1) Every worker shall either be entitled to free transport or,where no free transport is available, be paid the return bus fare if the distance between his residence and the place where he reports for work exceeds - (a) 5 km in the case of a male worker; and (b) 3 km in the case of a female worker. (2) Where a worker is required by his employer to attend or cease work at any time when no public bus service is available, the employer shall, irrespective of the distance between the place of residence and the place of work, provide appropriate free means of transport from the worker's residence to or from his place of work or both, as the case may be, provided that in these cases transport shall be provided up to the nearest practicable place from the worker's residence. (3) Subject to the distance limit specified in subparagraph (1), every worker who attends work by his own means of transport shall be entitled to an allowance equivalent to the corresponding return bus fare. 7. Subsistence allowance Where a worker who has completed a normal day's work is required to remain on duty and work beyond 7.00 p.m., he shall, in addition to any remuneration due under paragraph (2), be paid a subsistence allowance of Rs 15 per day. 8. Uniforms and equipment Every employer shall provide all workers, except accounts clerk, store clerk, clerk and receptionist/telephonist with- (a) 2 uniforms and 2 pairs of boots or shoes, whichever is appropriate, every year, to every worker; (b) gloves, which shall be replaced as and when they become unserviceable; (c) a raincoat every 3 years. 9. Public holidays A worker who has remained in continuous employment with the same employer for 12 consecutive months shall be entitled, in the following 12 months, to a normal day's wages in respect of every public holiday, other than a Sunday, that occurs while he is in the service of the employer and on which he is not required to work. 10. Death grant (1) Where a worker who has remained in continuous employment with the same employer for at least 12 months dies, the employer shall pay an amount of Rs 2000 to - (a) the surviving spouse of the worker; or (b) where the deceased leaves no spouse, the person who satisfies the employer that he has borne the funeral expenses. (2) For the purpose of subparagraph (1),"spouse" means the person with whom the deceased worker had contracted a civil or religious marriage and with whom he was living under a common roof at the time of death. 11. End of year bonus (1) Every worker who has remained in continuous employment with the same employer for one year, shall be entitled, at the end of that year to a bonus equivalent to 1/12 of his earnings for that year. (2) Every worker 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. 12. Maternity benefits (1) Subject to subparagraph(2), where a female worker 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 her 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 worker 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 specified in subparagraph(1)(a) without pay. (3) Where a female worker suffers a miscarriage which is duly certified by a medical practitioner she shall be entitled to 2 weeks' leave on full pay. 13. Overseas leave (1) Every employer shall grant to every worker 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 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 worker proceeds abroad. For the purposes of annual and sick leave and end of year bonus, such leave shall be deemed to constitute attendance at work. 14 Gratuity at death or on retirement before 60 Subject to subparagraph (2), every employer shall pay a gratuity where a worker dies; or retires before the age of 60 on ground of permanent incapacity to perform his work duly certified by a Government Medical Practitioner, provided the worker has been in continuous employment for not less than 10 years with the same employer. (2) Where the death of a worker occurs after the age of 60 , the gratuity under subparagraph (1) shall be payable only if the worker 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 NxW/2, where "N" means the number of years of service and "W"means the last monthly wage; (b) to the worker or the deceased worker's surviving spouse or where he leaves no surviving spouse,in equal proportions to his dependants; (c) irrespective of any benefits the worker or the deceased worker's surviving spouse or his dependants, as the case may be, may be entitled to under the National Pensions Act. (4) For the purpose of subparagraph (3) - (a) "spouse" means the person with whom the deceased worker had contracted a civil or a religious marriage and with whom he was living under a common roof at the time of his death; (b) "dependant" means any person who was living in the deceased worker's household and was wholly or partly dependent on his earnings at the time of his death. SYMBOL 167 \f "Symbol" SYMBOL 167 \f "Symbol" SYMBOL 167 \f "Symbol" SYMBOL 167 \f "Symbol" SYMBOL 167 \f "Symbol" SYMBOL 167 \f "Symbol" SYMBOL 167 \f "Symbol" SYMBOL 167 \f "Symbol" SYMBOL 167 \f "Symbol" SYMBOL 167 \f "Symbol" SYMBOL 167 \f "Symbol" SYMBOL 167 \f "Symbol"     RLLSD - Page  PAGE 11 hx^`-NRwY o  P g  C T B\s~P\ý5CJOJQJaJ5CJ\aJCJaJ 5CJaJ 5CJaJ5>*CJaJ 5CJaJ 5CJaJ5CJ$OJQJaJ$ 5CJ2aJ2 5CJFaJF 5CJaJ 5CJ$aJ$Ahjlnprtvx/$$d  %d  &d  'd  -DM N  O  P  Q  a$&$$d  %d  &d  'd  N  O  P  Q  a$CC^`b $L<^La$7$$d!%d!&d!'d!-D M N!O!P!Q!]^a$$a$&$$d  %d  &d  'd  N  O  P  Q  a$-l-NO"SY P }  Y dh<^`dh<^`L<^L Ldh<^LY C BSsP7W Ldh<^Ldh<^`dh<^`#e?[DEmS-.Xix$Ldh<^L`a$$Zdh<^Z`a$ hdh<^hvdh<^v`dh<^` Ldh<^LDFYiy 9!C!""""Y#\###$$%%%%/(2(S)V)))))!+$+----......60J01111:2A22233333344666665CJ\aJ56CJ\]aJ 5CJaJCJaJYxy#Ad$Lhdh<^L`ha$8hdh<^8`hdh<^`8dh<^8`>dh<^`>$Ldh<^L`a$Ldh<^L`&0-e! $Lhdh<^L`ha$hdh<^`h>dh<]^`> dh<^ & Fdh<8dh<^8`>dh<^`>Lhdh<^L`h F!!!!'"""""Y##$%%%%%%&8hdh<^8`h$Lhdh<^L`ha$Lhdh<^L`h>dh<^`>8dh<^8`&&U''/(l((S)))))**!+-----$Lhdh<^L`ha$Lhdh<^L`h>dh<^`>dh<^`8dh<^8`-....g//05060J0K011111G2r2s22>dh<^`>8dh<^8`$Lhdh<^L`ha$Lhdh<^L`hdh<^`2233334444$556666666788 dh<^8dh<^8`$Lhdh<^L`ha$Lhdh<^L`h>dh<^`>66888899x::::|<<S?X?a?b???8@@AAAAlBmBBBBBBBBBBBBBBBBBBBBBCCCCCCCC2C3C4C5CKCLCMCNCdCeCfCgC}C~CCCCCCCCCCCCCC jUCJ aJ jCJ UaJ 5CJ\aJCJaJ 5CJaJR8899w:x:y:::N;;M<w<x<y<z<{<|<<<= & Fdh< & Fdh<$Lhdh<^L`ha$Lhdh<^L`h>dh<^`>= ===>??8@@AAiBjBkBlBCCCCC$Ldh<^L`a$Ldh<^L`0dh<^`0 Ldh<^L dh<^ & Fdh<CCCCCCCCCCCC$Ldh<^L`a$0 !$d#%d$&d#'d$N#O$P#Q$]^$a$ CCCCCCCCCCCJ aJ CJOJQJaJmHnHujCJOJQJUaJCJOJQJaJ " 00 / =!"#$% iH@H Normal'CJOJQJ^J_HkHmH sH tH u<A@< Default Paragraph Font, @, Footer  !,@, Header  !VC@V Body Text Indent0dh<^`0CJaJ>p456789:;<EFRSTghij|}~-l-NO"SYP }YC B S s P 7W#e?[DEmS-.Xixy#Ad&0-e!F'Y !!U""/#l##S$$$$$%%!&((((())))g**+5+6+J+K+,,,,,G-r-s---....////$001111111233344w5x5y555N66M7w7x7y7z7{7|7778 8889::8;;<<i=j=k=l=>>>>>>0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 0 000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 0 000000000 0 07 070000000000000@0@0@0@0 0 ***-6CC%,37Y x &-28=CC&()*+-./012456C'l===========>>>>2>4>K>M>d>f>}>>>>999999999999"%-!\l CJ#);AKSP [ Y ^ XYW`BC)0?CV"W"0%8%))U*`*:: ;;>>>>>>>>>>>>>>j{,&/W`ZbQ[ #*]dDJ  C O  W ^ t } Q [  ;?[c'2iqAI]bEOqxW`jt')EF|*20212ij%'JM+.[d !!!!Y"_"""1#:#p#v###U$[$$$% &#&,&((**++,,K-N-w-|---..//////(0+0001)11233334455{66N7T7|7788 88888999::::<;H;;;<<<<>>>>>>>>>>>>>>333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333333{| UV!"[[``-.HH!"?@$%./00{| DE %%)))),,11N6N66L7M7M7N7N7|7|7788 8888888::::d:d:::::8;8;;;<<<<_<_<<<==>>>>>>>>>>>>>>>>>>> AdministratoraC:\Documents and Settings\Administrator\My Documents\Remuneration Orders\Cleaning Enterprises.DOC AdministratoraC:\Documents and Settings\Administrator\My Documents\Remuneration Orders\Cleaning Enterprises.DOC AdministratoraC:\Documents and Settings\Administrator\My Documents\Remuneration Orders\Cleaning Enterprises.DOC AdministratoraC:\Documents and Settings\Administrator\My Documents\Remuneration Orders\Cleaning Enterprises.DOC AdministratoraC:\Documents and Settings\Administrator\My Documents\Remuneration Orders\Cleaning Enterprises.DOC AdministratoraC:\Documents and Settings\Administrator\My Documents\Remuneration Orders\Cleaning Enterprises.DOC AdministratoraC:\Documents and Settings\Administrator\My Documents\Remuneration Orders\Cleaning Enterprises.DOC AdministratoraC:\Documents and Settings\Administrator\My Documents\Remuneration Orders\Cleaning Enterprises.DOC AdministratoraC:\Documents and Settings\Administrator\My Documents\Remuneration Orders\Cleaning Enterprises.DOC AdministratoraC:\Documents and Settings\Administrator\My Documents\Remuneration Orders\Cleaning Enterprises.DOC3$ Z֣?)8E)"A ")iSF90^`0o(()^`. L ^ `L.  ^ `.hh^h`.8L8^8`L.^`.^`.L^`L.z^`zo(()0^`0o(()TLT^T`L.$ $ ^$ `.  ^ `.L^`L.^`.dd^d`.4L4^4`L.^`5o(()^`.TLT^T`L.$ $ ^$ `.  ^ `.L^`L.^`.dd^d`.4L4^4`L.^`o(()hh^h`.8L8^8`L.^`.  ^ `. L ^ `L.xx^x`.HH^H`.L^`L.")iS?)83$ "AQ         l pq&       &d        B        >>@hp LaserJet 1150 DriverLPT1:winspoolhp LaserJet 1150 Driverhp LaserJet 1150 Driver!@d߀ odBeRLdArialHBeںں\\RESRCH-LEGIS-ST\hp LaserJet 1150 Driver,LocalOnly,DrvConverthp LaserJet 1150 Driver!@d߀ odBeRLdArialHBeںں\\RESRCH-LEGIS-ST\hp LaserJet 1150 Driver,LocalOnly,DrvConvert>@@ @UnknownGz Times New Roman5Symbol3& z ArialK,Bookman Old Style9MS SerifCFComic Sans MS"Vh*rX#& 3nB 4pYVxx0a? >8@VHPCleaning EnterprisesRemuneration Ordernational remuneration board AdministratorOh+'0 ( @L h t  Cleaning Enterprises9Remuneration Ordersnational remuneration boardatiatiNormallAdministratorer29iMicrosoft Word 9.0o@<@x8@EO@8@ 3՜.+,0 hp|  ina? Cleaning Enterprises Title  !"#$%&'()*+,-./012345678:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^`abcdefhijklmnqRoot Entry F D@s1Table9KWordDocument$pSummaryInformation(_DocumentSummaryInformation8gCompObjjObjectPool D@ D@  FMicrosoft Word Document MSWordDocWord.Document.89q