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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 37

37.(1) An employer shall permit an employee of his who is an official of an
independent trade union recognised by him to take time off, subject to and in
accordance with paragraph (2), during the employee's working hours for the
purpose of enabling him

(a)to carry out those duties of his as such an official which are concerned
with industrial relations between his employer and any associated employer,
and their employees; or

(b)to undergo training in aspects of industrial relations which is

(i)relevant to the carrying out of those duties; and

(ii)approved by the Northern Ireland Committee of the Irish Congress of Trade
Unions or by the independent trade union of which he is an official.

(2) The amount of time off which an employee is to be permitted to take under
this Article and the purposes for which, the occasions on which and any
conditions subject to which time off may be so taken are those that are
reasonable in all the circumstances having regard to any relevant provisions
of a Code of Practice issued by the Agency under Article 14A of the No. 1
Order.

(3) In the Code of Practice referred to in Article 14A(2)(b)(i) of the No.1
Order the Agency shall in particular provide practical guidance on the
circumstances in which a trade union official is to be permitted to take time
off under this Article in respect of duties connected with industrial action.

(4) An employer who permits an employee to take time off under this Article
for any purpose shall, subject to the following provisions of this Article,
pay him for the time taken off for that purpose in accordance with the
permission

(a)where the employee's remuneration for the work he would ordinarily have
been doing during that time does not vary with the amount of work done, as if
he had worked at that work for the whole of that time;

(b)where the employee's remuneration for that work varies with the amount of
work done, an amount calculated by reference to the average hourly earnings
for that work.

(5) The average hourly earnings referred to in paragraph (4)(b) shall be the
average hourly earnings of the employee concerned or, if no fair estimate can
be made of those earnings, the average hourly earnings for work of that
description of persons in comparable employment with the same employer or, if
there are no such persons, a figure of average hourly earnings which is
reasonable in the circumstances.

(6) Subject to paragraph (7), a right to be paid any amount under paragraph
(4) shall not affect any right of an employee in relation to remuneration
under his contract of employment (hereafter in this Article referred to as
"contractual remuneration").

(7) Any contractual remuneration paid to an employee in respect of a period of
time off to which paragraph (1) applies shall go towards discharging any
liability of the employer under paragraph (4) in respect of that period, and
conversely any payment of any amount under paragraph (4) in respect of a
period shall go towards discharging any liability of the employer to pay
contractual remuneration in respect of that period.

(8) An employee who is an official of an independent trade union recognised by
his employer may present a complaint to an industrial tribunal that his
employer has failed to permit him to take time off as required by this Article
or to pay him the whole or part of any amount so required to be paid.

© 1976 Crown Copyright

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