S.I. No. 83/1948 - Employment Regulation Order (Paper Box Joint Labour Committee), 1948.

S.I. No. 83 of 1948.

EMPLOYMENT REGULATION ORDER (PAPER BOX JOINT LABOUR COMMITTEE), 1948.

WHEREAS the Minister for Industry and Commerce under the provisions of the Trade Boards Acts, 1909 and 1918, made an Order dated the 29th day of March, 1943, confirming the variation of minimum rates of wages for male and female workers in the Paper Box Trade and an Order dated the 24th day of November, 1945, confirming the variation of minimum rates of wages for female workers in the said trade (hereinafter together called " the said orders ") ;

AND WHEREAS the said Orders are deemed to be Employment Regulation Orders by virtue of the provisions of Section 54 of the Industrial Relations Act, 1946 (hereinafter called " the Act ") ;

AND WHEREAS the Order dated the 24th day of November, 1945, was amended by the Paper Box Joint Labour Committee Employment Regulation Order, 1947 ;

AND WHEREAS the Paper Box Joint Labour Committee (hereinafter called " the Committee") has submitted to the Labour Court (hereinafter called " the Court ") proposals for revoking the said Orders as amended ;

AND WHEREAS the Committee has also submitted to the Court the proposals set out in the Schedule hereto for fixing the minimum rates of remuneration, and regulating the conditions of employment, of workers in relation to whom the Committee operates in substitution for the rates and conditions as set out in the said Orders as amended ;

AND WHEREAS the provisions of section 43 of the act have been complied with :

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by section 43 of the act, hereby orders as follows :—

(1) This Order may be cited as the Employment Regulation Order (Paper Box Joint Labour Committee) 1948.

(2) Effect is hereby given to the proposals set out in the Schedule hereto.

(3) The proposals set out in the Schedule hereto shall have effect as from the 19th day of March, 1948, and as from that date the said Orders as amended shall be revoked.

SCHEDULE.

PART I.

General Minimum Time-Rates for Male Workers.

Section I.—Male Workers other than Learners—1s. 3¼d. per hour.

Section II.—Male Learners :—

Note.—For the purpose of calculating the General Minimum Time-Rate payable to a Male Learner in respect of each hour of employment the appropriate weekly rate set out above must be divided in the case of a worker of 18 years or over by Forty-Five and in the case of a worker whose age is less than 18 years by Forty.

PART II.

General Minimum Time-rates and Piece-work Basis Time-rate for Female Workers.

Section I.—General Minimum Time Rates for Female Workers (including Homeworkers), other than learners 1s. 4d. per hour.

Section II.—General Minimum Time Rates for Female Learners.

A Female Learner shall cease to be a learner and shall be entitled to the General Minimum Time-rate of ¼ per hour payable to Female Workers other than Learners, upon the completion of four years' employment in the Trade.

Section III.—Piece-work Basis Time-rate for all Female Workers—1/5 per hour.

In the case of all Female persons employed on piece-work each piece-rate paid shall be such as would yield in the circumstances of the case not less than 1/5 per hour to an ordinary worker. Provided that in determining whether any piece-rate satisfies the foregoing conditions regard shall be had only to the earnings of Female Workers other than Learners.

PART III.

Normal Working Hours and Overtime Rates.

The normal number of hours to be worked by workers in relation to whom the Committee operates shall be as follows :—

(a) For that class of workers who customarily attend on six days a week :—

(b) For that class of workers who customarily attend on five days a week :—

PROVIDED THAT—

(I) All time worked on Sunday and Customary Public or Statutory Holidays by a worker of either of the classes(a) or (b) above and all time worked on the weekly holiday by a worker of class (b), shall be regarded as Overtime to which the Overtime Rates shall apply.

(II) The Overtime Rates shall be payable in respect of all time worked on any day in excess of the declared normal number of hours of work for that day notwithstanding that the number of hours worked in the week does not exceed the declared normal number of hours for the week.

(III) The Overtime Rates shall be payable in respect of all time worked in any week in excess of the declared normal number of hours of work for that week, except in so far as the Overtime Rate is payable under the provisions of the preceding paragraphs of this Section.

Section II.—The Minimum Rates for Overtime to apply in respect of time worked by a worker (whether employed on time-work or on Piece-work) in excess of the declared normal number of hours of work shall be as follows :—

For Workers of 18 Years of Age or Over.

For all overtime other than time worked on Sunday and Customary Public or Statutory Holidays, one-and-a-half times the appropriate Minimum Rate otherwise applicable, i.e., time-and-a-half.

For Workers Whose Age is Less Than 18 Years.

For all overtime other than time worked on Sunday and Customary Public or Statutory Holidays, one-and-a-quarter times the appropriate Minimum Rate otherwise applicable, i.e., time-and-a-quarter.

For All Workers.

For all time worked on Sunday and Customary Public or Statutory Holidays, twice the appropriate Minimum Rate otherwise applicable, i.e., double time.

PART IV.

Holidays and Holiday Remuneration.

Workers in relation to whom the Committee operates and who qualify for annual leave under Section 10 of the Holidays (Employees) Act, 1939 , shall in addition to the seven consecutive wholeholidays prescribed therein, be granted a further period of seven consecutive whole holidays and the payment in respect of this further period shall be calculated in the same manner as that for the statutory period provided by that Act.

PART V.

Definition of Workers.

Section I.

The above statutory Minimum Remuneration and Conditions of Employment shall apply, subject to the provisions of the Industrial Relations Act, 1946 , and of this Notice, to all workers who are employed during the whole or any part of their time in that Branch of the Box Trade which is engaged in the making of boxes or parts thereof, made wholly or partially of paper, cardboard, chip or similar material.

Section II.—Male Learner.

A Male Learner is a Male Worker under 24 years of age. During the whole or a substantial part of his employment he shall be provided with reasonable facilities for learning some branch or process of the Trade.

Section III.—Female Learner.

(1) A Female Learner is a Female Worker who is employed in any branch of the Trade specified in Section I of this Part, subject also to the following conditions :—

(a) Has not become entitled to the full General Minimum Time-Rate of ¼ per hour payable to Female Workers other than Learners.

(b) Is employed in a Factory or Workshop, not being a room used for dwelling purposes.

(c) Is employed by an Employer who provides such Learner with reasonable facilities for practically and efficiently learning the Branch or Branches of the Trade (as carried on by the employer, subject to the provisions of this Section) in which the Learner is for the time being employed.

(d) Has received a Learner's Certificate or certified copy certificate issued in accordance with rules laid down by the Joint Labour Committee and held subject to compliance with the conditions (a), (b) and (c) above specified, or has made an application therefor which has been duly acknowledged and is still under consideration. TheJoint Labour Committee may, if any of the conditions specified in (a), (b) or (c) are not in fact complied with, cancel the original certificate, whereupon any copy thereof shall become cancelled. Notice of such cancellation shall forthwith be given to the Learner and her Employer.

Provided that an Employer may employ a Female Learner on her first employment without a certificate of registration for a probation period not exceeding eight weeks, but the probation period shall be included in her period of learnership.

(e) A Learner returning to the trade after absence shall not serve a longer period as a Learner than would be required if she were entering the trade for the first time.

(f) Any Female Worker who has been previously employed in any Branch of the Trade specified in Section I of this Part, and has not held a certificate or certified copy certificate, and is subsequently taken on as a Learner shall be entitled to count the whole period of such previous employment for the purpose of claiming the time-rate at which she is to be paid, and to have such period of employment entered upon her certificate or certified copy.

(2) The issue of Learner's Certificates shall be governed by the following conditions relating to the provision of Reasonable Facilities for learning the Paper Box Trade :—

(i) That the facilities provided shall be such as to give the Learner an opportunity of learning as many operations or processes (but not less than two) as will not unreasonably interfere with other workers or with the efficient carrying on of the business by the employer.

(ii) That the proportion of Learners to other Female Workers shall not be excessive, and, as a general rule, be accepted as two Learners to three such workers, subject to the variation of such proportion according as the special circumstances either of an Employer or of his Worker may require.

Note.—In dealing with applications for Learners' Certificates the Joint Labour Committee will give due consideration to any special and particular facts or circumstances peculiar to the Trade as carried on by the Employer concerned.

(3) Notwithstanding compliance with the conditions contained in this Section, a person shall not be deemed to be a Learner if she works in a room used for dwelling purposes, and is not in the employment of her parent or guardian.

Section IV.—Homeworker.

The expression " Homeworker " shall be held to mean a worker who works in her own home or in any other place not under the control or management of the Employer.

PART VI.

General.

In totalling up any reckonings, in the aggregate arrived at when paying the rates fixed, every fraction of a farthing shall count as a farthing.

GIVEN under the Official Seal of the Court this 4th day of March, 1948.

(Signed) T. J. CAHILL.

A person authorised under section 18 of the act to authenticate the Seal of the Court.