S.I. No. 313/1946 - The Apprenticeship Committee For The Hairdressing Trade (Cork) (Confirmation of Rules) Order, 1946


STATUTORY RULES AND ORDERS. 1946. No. 313.

THE APPRENTICESHIP COMMITTEE FOR THE HAIRDRESSING TRADE (CORK) (CONFIRMATION OF RULES) ORDER, 1946

THE APPRENTICESHIP COMMITTEE FOR THE HAIRDRESSING TRADE (CORK) (CONFIRMATION OF RULES) ORDER, 1946, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 30TH DAY OF SEPTEMBER, 1946, PURSUANT TO SUB-SECTION (1) OF SECTION 9 of THE APPRENTICESHIP ACT, 1931 .

WHEREAS the Apprenticeship Committee for the Hairdressing Trade (Cork), established in accordance with the Hairdressing Trade (Constitution of Apprenticeship Committee) Regulations, 1945 (Statutory Rules and Orders, No. 338 of 1945), for the particular trade declared by the Apprenticeship Act (Hairdressing Trade) Special Order, 1945 (Statutory Rules and Orders, No. 249 of 1945), to be a designated trade for the purposes of the Apprenticeship Act, 1931 (No. 56 of 1931), and in the area constituted by the Apprenticeship District (Hairdressing Trade) Order, 1945 (Statutory Rules and Orders No. 248 of 1945), to be an apprenticeship district for the purposes of such designated trade (namely the county borough of Cork) has, in exercise of the powers conferred on it by section 8 of the said Act, made the rules set out in the Schedule to this Order and has submitted the same to the Minister for Industry and Commerce :

AND WHEREAS it is enacted by sub-section (1) of section 9 of the said Act that the Minister for Industry and Commerce may, in respect of any rule submitted to him by an apprenticeship committee under the said Act, either by order confirm such rule or refuse to confirm such rule :

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the powers conferred on him by sub-section (1) of section 9 of the Apprenticeship Act, 1931 (No. 56 of 1931), and of every and any other power him in this behalf enabling, hereby orders as follows, that is to say :

1. This Order may be cited as the Apprenticeship Committee for the Hairdressing Trade (Cork) (Confirmation of Rules) Order, 1946.

2. The rules set out in the Schedule to this Order are hereby confirmed.

3. The rules set out in the Schedule to this Order shall come into force on the 14th day of October, 1946.

SCHEDULE.

RULES MADE BY THE APPRENTICESHIP COMMITTEE FOR THE HAIRDRESSING TRADE (CORK) ON THE 30TH DAY OF AUGUST, 1946.

Part I.—Apprenticeship Classification Rules.

The Committee declare that employment in the Trade of the class of persons specified hereunder, in the manner specified, shall constitute employment by way of apprenticeship in the Trade :—

Male or female employees who have not completed the appropriate period of employment by way of apprenticeship in the Trade as specified in Part II of this Schedule, and who are employed during any part of the hours of work on one or more of the following operations :—

(a) Lathering, shaving, sponging, cutting, singeing, shampooing, brushing, combing, waving, dressing, tinting, dyeing, bleaching, or similar operations performed on hair growing on human beings; or of the following operations when carried on in association with or in conjunction with any of the above-mentioned operations :

(b) Razor-setting, perfuming, chiropody, manicure, or any operation pertaining to the treatment of diseases of the hair requiring a knowledge of triochology.

Part II.—Rules Regulating the Period of Apprenticeship.

The Committee specify the period of employment by way of apprenticeship in the Trade in the Apprenticeship District as being :—

(a) Five years where one or more of the operations mentioned in Part I of the Schedule is or are performed by the apprentice on or in relation to male persons only.

(b) Four years where one or more of the operations mentioned in Part I of the Schedule is or are performed by the apprentice on or in relation to female persons only.

(c) Five years where one or more of the operations mentioned in Part I of the Schedule is or are performed by the apprentice on or in relation to male and female persons.

Provided that—

(i) the appropriate period of employment by way of apprenticeship specified in this Part shall in every case be reduced by deducting therefrom any period prior to the date on which these Rules become effective during which the employee concerned was employed in the Trade;

(ii) an employer may employ an apprentice on his first employment in the Trade for a probationary period not exceeding four weeks;

(iii) the rules regulating the period of apprenticeship shall not apply in relation to such probationary period unless the employment of the apprentice in the Trade continues or is resumed thereafter;

(iv) the rules other than the rules regulating the period of apprenticeship shall apply during and in relation to such probationary period;

(v) where an apprentice is, through illness, continuously absent from employment for a period in excess of one month, the appropriate year of his employment by way of apprenticeship shall be extended by a period equal to such excess period.

Part III.—Rules Regulating Minimum Rates of Wages.

The Committee specify hereunder the minimum rates of wages (other than wages for overtime) to be paid to male or female persons employed by way of apprenticeship in the Trade in the Apprenticeship District.

per week

During first year of apprenticeship

5s

0d.

"second  "   "

12s.

6d.

"third  "   "

20s.

0d.

"fourth  "    "

30s.

0d.

"fifth   "   "

30s.

0d.

Provided that—

(i) the above rates shall be payable, in the case of apprentices of 18 years of age or over, per week of 48 hours and, in the case of apprentices whose age is less than 18 years, per week of 40 hours;

(ii) for the purpose of determining the minimum rate of wages payable to an apprentice under the provisions of this Part, employment in the Trade, as defined in Part XI of this Schedule, prior to the date on which these Rules become effective shall be taken into calculation as having been employment by way of apprenticeship in the Trade.

Part IV.—Rules Regulating Maximum Hours of Work.

The Committee prescribe 48 hours as being the maximum number of hours (exclusive of overtime) which may be worked in any week by apprentices of 18 years of age or over in the Trade, and 40 hours as being the maximum number of hours (exclusive of overtime) which may be worked in any week by apprentices whose age is less than 18 years.

For the purpose of these Rules the number of hours worked in any week shall be calculated as from and including the first hour worked on Monday in the week concerned.

Part V.—Rules Regulating the Age of Entry on Apprenticeship.

The Committee prescribe that the employment of a male or female employee by way of apprenticeship in the Trade in the Apprenticeship District may commence on attainment of the age of 16 years and before attainment of the age of 21 years.

Provided that the Rules regulating the age of entry on apprenticeship shall not apply in the case of any employee who, at the date on which such Rules become effective is employed in the Trade under an oral or written contract of apprenticeship entered into prior to that date.

Part VI.—Rules Regulating the Number of Apprentices.

The Committee fix in relation to each employer carrying on the Trade in the Apprenticeship District, and specified in a list of such employers from time to time prepared by the Committee, the number of Apprentices which the Committee consider should be employed by each such employer as indicated hereunder :—

Where the number of persons employed by him in the Trade who have had not less than the appropriate period of employment in the Trade as specified in Part II of this Schedule is—

The number of Apprentices which the Committee consider should be employed by him shall be—

One, two or three

One

Four, five or six

Two

Seven or more

Three

Provided that where the employer concerned is ordinarily engaged in performing one or more of the operations specified in Part I of this Schedule, and has had not less than the appropriate period of employment in the Trade as specified in Part II of this Schedule, or has satisfied the Committee as to his competence to impart the required instruction, such satisfaction to be evidenced by a written certificate signed by the Secretary of the Committee, the number of Apprentices which the Committee consider should be employed by him shall be determined as indicated hereunder :—

Where the number of persons employed by him in the Trade who have had not less than the appropriate period of employment in the Trade as specified in Part II of this Schedule is—

The number of Apprentices which the Committee consider should be employed by him shall be—

None, one or two

One

Three, four or five

Two

Six or more

Three

Part VII.—Rules Regulating Apprenticeship Premiums.

The Committee prohibit the taking by any employer of any fee, premium or other consideration in respect of the employment of any person by way of apprenticeship in the Trade in the Apprenticeship District.

Part VIII.—Rules Regulating Minimum Rates of Overtime Wages.

The Committee specify hereunder the minimum rates of wages for overtime to be paid to persons employed by way of apprenticeship in the Trade in the Apprenticeship District during any time in excess of the maximum hours of work prescribed in Part IV of this Schedule :—

(a) For the first two hours of Overtime worked on any day other than Sunday and Customary Public or Statutory Holidays, Time-and-a-Half, i.e., one-and-a-half times the Minimum rate otherwise applicable.

(b) For all Overtime worked on Sunday and Customary Public or Statutory Holidays or on any other day in excess of the first two hours of Overtime on such day, Double Time, i.e., Twice the Minimum rate otherwise applicable.

Part IX.—Rules Regulating the Educational Qualifications of Apprentices.

The Committee prescribe—

(1) That each person entering on employment by way of apprenticeship in the Trade who has not been in any employment between the ages of 14 and 16 years, must have attended regularly, after attainment of the age of 14 years,at an approved course of instruction, as defined at (a) hereunder, and must supply his employer with a certificate to that effect, such certificate to be signed by the headmaster of the school in which the instruction was given.

(2) That each person entering on employment by way of apprenticeship in the Trade who has been in beneficial employment between the ages of 14 and 16 years, must have attended regularly, after the attainment of the age of 14 years, at an approved course of instruction, as defined at (b) hereunder, and must supply his employer with a certificate to that effect, such certificate to be signed by the headmaster of the school in which the instruction was given.

Definition of an approved course of instruction.

For the purpose of these rules, an approved course of instruction shall be :—

(a) In the case of persons who were not in any employment between the ages of 14 and 16 years.

}

Any course of not less than 700 hours' instruction per school year at a vocational school, secondary school, or national school.

(b)In the case of persons who were in beneficial employment between the ages of 14 and 16 years.

}

Any course at a vocational school of not less than 180 hours' instruction per school year.

Part X.—Rules Regulating the Training of Apprentices.

The Committee prescribe that at all times during the continuance of the term of apprenticeship of an apprentice he shall be instructed during working hours in such of the operations specified in Part I of this Schedule, as are carried on by an employer of such apprentice in the branch of the Trade specified in the prescribed form sent to the Committee, and shall be under the supervision of a person who has had not less than the appropriate period of employment in the Trade, as specified in Part II of this Schedule, who shall impart such instruction.

The services of an apprentice shall not be lent by his employer to any other employer, save under the authority of and to the extent permitted by an Order made by the Committee.

Part XI.—Definition of the Trade.

The Hairdressing Trade is defined in the First Schedule to the Apprenticeship Act (Hairdressing Trade) Special Order, 1945, as being :—

1. Any of the following operations when performed in or in connection with any business, establishment, branch or department carried on by way of trade or for the purpose of gain, viz.:—

Lathering, shaving, sponging, cutting, singeing, shampooing, brushing, combing, waving, dressing, tinting, dyeing, bleaching or similar operations performed on hair growing on human beings.

2. Any of the following operations when performed in or in connection with any business, establishment, branch or department in which any of the operations specified in paragraph 1 above are the main or principal business of the business, establishment, branch or department, viz. :—

(a) the designing, making or renovating of wigs, whiskers, beards, moustaches, fringes, toupees, switches, pads, frames, pincurls, partings, transformations or similar articles for human use or adornment;

(b) the making of hair-lace or hair-net for use as a foundation for any of the articles mentioned in sub-paragraph (a) above;

(c) the arrangement of displays in windows and the treatment and ornamentation of wax figures and other artificial models.

3. Any of the following or similar operations preparatory to the making or renovating of the articles mentioned in paragraph 2 above, when performed in or in connection with any business, establishment, branch or department in which any of the operations specified in paragraph 1 above are the main or principal business of the business, establishment, branch or department, viz. :—operations, known in the trade as—

Measuring, cleaning, drying, sorting, carding, drawing, mounting, mixing, weaving, sewing, knotting, dressing, craping, tinting, dyeing, matching, curling, plaiting.

Including—

(a) the making or designing of wigs for dolls when carried on in or in association with or in conjunction with any business, establishment, branch or department engaged in any of the operations included in paragraph 1 above, by workers who are also engaged in any of the operations included in the said paragraph;

(b) razor-setting, hand or vibro massage, perfuming, electric treatment, depilatory operations, chiropody, manicure, and all operations pertaining to the treatment of diseases of the hair requiring a knowledge of trichology, when carried on in association with or in conjunction with any of the operations included in paragraph 1 above;

(c) the retail sale of any articles when transacted in association with or in conjunction with any of the operations included in paragraph I above, by workers also engaged in any of the operations specified above;

(d) the following or similar operations, when performed by workers also engaged in any of the operations in paragraph 1 above, viz. :—operations known in the trade as—

(i) bottling, boxing, parcelling, bagging, packeting, labelling, packing, checking, unpacking;

(ii) weighing, measuring, mixing, filtering, and compounding;

(iii) polishing, cutting, grinding, crushing ;

(iv) collecting, delivering, despatching;

(v) storing, stock-keeping, warehousing, portering, cleaning premises;

(vi) cleaning or adjusting implements, cleaning utensils or receptacles;

(e) the washing, ironing or drying of towels, hair-cutting cloths or similar articles when incidental to and performed by workers also engaged in any of the operations specified in paragraph 1 above.

GIVEN under the Official Seal of the Minister for Industry and Commerce, this 30th day of September, 1946.

(Signed) JOHN LEYDON,

Secretary,

Department of Industry and Commerce.

A person authorised under section 15 (1) of the Ministers and Secretaries Act, 1924 , to authenticate the seal of the said Minister.