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Wage Increases February 2013 – Sector 9: Wholesale & Retail

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The minimum wages for the Wholesale and Retail Sector shall be increased with effect from the 1st of February 2013.

The hourly rates for all job categories will increase by an average of 6% in Area A and 7% in Area B.

The methods of calculation of minimum wages for 2014 and 2015 have also been set in the amended determination and are available by following the link provided.

Further amendments to the determination include:

  • an amendment to the definition of a “supervisor”, which as from 1 February shall read as follows:
  • “Supervisor” means an employee who is authorised by an employer or manager to discipline other employees, the responsibility to direct them, to adjust their grievances, and to effectively recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature.
  • The description of a packer under the definition of “general assistant” has been amended to include the placing or stacking of goods at point of sale, and
  • The heading of “general assistant” now also includes employees collecting trolleys for the wholesale and retail sector, whether in-house or outsourced.
  • Clause 2(7) regarding remuneration was initially amended to provide that an employer must pay an employee, who works less than 6 hours on any day, for at least 6 hours on that day. This has subsequently been amended to revert back to the initial provision, wherein the employer must pay an employee who works less than 4 hours on any day, for at least 4 hours on that day.

Furthermore, it has been declared that the provisions of the Ministerial Determination for Small Business shall henceforth apply to those employers in the Wholesale and retail sector employing less than 10 employees. This means that employers with less than 10 employees will no longer be governed by the sectoral determination for Wholesale and Retail, but will instead refer to the Ministerial Determination in respect of overtime, averaging of working hours and family responsibility leave which provides the following:

  • An employer may not require or permit an employee to work more than 15 hours overtime a week.
  • The first 10 hours of overtime worked in a week must be paid at one and one third times the employee’s wage, with overtime in excess of 10 hours in any week paid at one and one half times the employee’s wage.
  • By written agreement between the parties, the ordinary hours of work and overtime of an employee may be averaged over a period not exceeding 4 months.
  • In terms of an agreement as specified above, an employee may not be required or permitted to work more than an average of 45 ordinary hours and 10 hours overtime in a week over the agreed period. Such an agreement shall automatically lapse after 12 months.
  • By written agreement between the parties, an employer may reduce an employee’s annual leave entitlement by the number of days of family responsibility leave on full remuneration granted to the employee at the employee’s request.

The amended wage tables and determinations can be viewed by following the links below:

Click here to view the Wholesale & Retail sector wage tables.

Click here to view the correction to the Wholesale & Retail Sectoral Determination.

Click here to view the Ministerial Determination for Small Business.

For any queries regarding the changes as set out above, feel free to contact the LabourNet Helpdesk on 0861 LABNET / 0861 522 638.
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