S.I. No. 13/1971 - Employment Regulation Order (Hotels Joint Labour Committee), 1971.

S.I. No. 13 of 1971.

EMPLOYMENT REGULATION ORDER (HOTELS JOINT LABOUR COMMITTEE), 1971.

WHEREAS the Labour Court (hereinafter called "the Court") pursuant to the provisions of Section 43 of the Industrial Relations Act, 1946 , (hereinafter called "the Act") made an Employment Regulation Order dated the 15th October, 1969 ( S.I. No. 194 of 1969 ) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the statutory conditions of employment of workers in relation to whom the Hotels Joint Labour Committee (hereinafter called "the Committee") operates;

AND WHEREAS the Committee has submitted to the Court a proposal for revoking the said Order;

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

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 Employment Regulation Order (Hotels Joint Labour Committee), 1971.

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

(3) The provisions set out in the Schedule hereto shall have effect as from the 1st February, 1971 and as from that date the said Order shall be revoked.

SCHEDULE.

PART I.

Workers to whom this Schedule applies.

1. Workers employed in a hotel undertaking anywhere throughout the State except the County Boroughs of Dublin and Cork and the Borough of Dun Laoghaireby the person carrying on that undertaking and who are engaged on any of the following work, that is to say:—

(a) the preparation of food or drink;

(b) the service of food or drink;

(c) the provision of living accommodation;

(d) the retail sale of goods;

(e) work incidental to (a), (b), (c) or (d);

(f) work performed at any office or at any store or warehouse or similar place;

BUT EXCLUDING

(i) Managers, assistant managers and trainee managers, receptionists, head clerks, head storemen and housekeepers.

(ii) Workers affected by a Registered Employment Agreement.

2. In this Schedule "hotel" means either:–

(a) a premises registered in the register of hotels under the provisions of the Tourist Traffic Acts, 1939 to 1957,

or

(b) a premises licensed under the Licensing Acts 1833 to 1962 and having not less than 10 apartments normally available for the sleeping accommodation of travellers.

PART II.

STATUTORY MINIMUM RATES OF REMUNERATION PER WEEK.

SECTION I.—NON—TIPPING ZONE.

Provided that before a worker is classed as a trained Male Cook or Female Cook he/she shall have passed a qualifying examination held under the auspices of the Council for Education Recruitment and Training for the Hotel Industry (CERT) during the fourth year of training. A General Female Worker is a worker engaged on general kitchen, scullery or laundry duties or on cleaning any part of the premises.

SECTION II.—TIPPING ZONE.

PROVIDE THAT:—

Porters who commence employment at 19 years of age shall start at the 2nd year rate.

Porters who commence employment at 20 years of age shall start at the 3rd year rate.

Porters who commence employment at 21 years of age or over shall be paid full rate.

"Guaranteed Gratuities" means the minimum sum to be received by a worker from this source in each full week: where the worker receives less than this sum directly the employer shall make good the deficiency.

SECTION III.–OTHER FEMALE WORKERS TO WHOM THE ESTABLISHMENT ORDER APPLIES.

NOTE : Any worker who by agreement with his/her employer does not avail of food for a complete day(s) may seek a refund of the charge for food in respect of the day or days.

SECTION IV.–Persons appointed to the following posts by management shall be paid the minimum differential over the standard rate as indicated:–

NOTE:

In calculating the statutory minimum rate of remuneration applicable to any of the workers specified in Section I or II of this Part the following provisions shall apply :–

1. A worker who has completed a full-time hotel training course of six months duration under the auspices of the Council for Education, Recruitment and Training for the Hotel Industry (CERT) or a Vocational Education Committee shall, on commencement of employment, be placed on the appropriate second year scale.

2. A worker who has completed a full-time hotel training course of two years' duration under the auspices of CERT or a Vocational Education Committee shall, on commencement of employment, be placed on the appropriate third year scale.

3. In any hotel where only junior staff of any of the following categories are employed–waiting, cooking and bar staff, housemaids and porters-the following provisions shall apply:–

(a) where four juniors are employed one of the four shall be placed on the next higher scale ;

(b) for each additional three juniors employed one additional junior shall be placed on the next higher scale.

4. In any hotel where none of the cooking staff is on full rate, one of the female cooks shall be paid a rate one year in excess of the highest prevailing rate of any of the female cooking staff.

5. In the case of temporary staff employed in seasonal hotels, the season, or that part of the season during which the hotel is open, shall count as a full year for the purpose of calculating the appropriate rate of pay applicable the following season.

PART III.

STATUTORY CONDITIONS OF EMPLOYMENT.

SECTION I.–Normal Working Hours.

1. During the season the normal working fortnight shall be any 11 days.

2. During the off-season the normal working fortnight shall be 11 days, calculated on the basis of alternate Sundays off.

3. During the season (commencing 1970) the normal working fortnight for workers over 16 years of age shall be 96 hours and during the off-season (commencing 1969) 92 hours, subject to a maximum of 54 hours being worked as normal time in any week.

4. The normal working fortnight for workers under 16 years of age shall be 86 hours.

The "season" means the period commencing on the Sunday before Easter Sunday and ending on the last Sunday in September.

SECTION II.–Holidays.

1. Workers shall be granted holidays in accordance with the provisions of the Holidays (Employees) Act, 1961 . These provisions include fourteen consecutive whole holidays including two Sundays and the following six Public Holidays–Christmas Day, St. Stephen's Day, St. Patrick's Day, Easter Monday, June Holiday and the first Monday in August. Where a worker is required to work on a Public Holiday, he must be given either–

(a) a day off in lieu with pay within a month or

(b) an additional day with pay added to his annual leave or

(c) payment for the day equivalent to twice the amount of a full day's pay.

2. Six weeks notice of intention to allow annual leave shall be given by employers to their workers.

3. Where a worker has worked on any Public Holidays throughout the year, the days off in lieu may be taken consecutively and added to the worker's two weeks annual leave.

4. In addition to the annual leave entitlements under the Holidays (Employees) Act, 1961 , workers who qualify for full holidays shall be granted an extra week's holidays, the extra leave to be taken each year between 1st October and the following 31st March commencing in the period from 1st October, 1969 to 31st March, 1970.

SECTION III.–Other Conditions of Employment.

1. Overtime Rates.

Overtime shall be paid for at the rate of time-and-a-half. Overtime rates shall be calculated by reference to the hourly rate which shall be the appropriate weekly rate "Without Board or Lodging" divided by 48.

2. Sunday Work.

Work performed on Sunday shall be paid for at the rate of time-and-a-half. Where a worker is required to work on a Sunday on which in normal circumstances he would have been off duty, such work shall be paid for at the rate of time-and-three-quarters.

3. Day off other than Sunday.

Where a worker is required to work on his off-day such work shall be paid for at the rate of double time during the Season and time-and-three-quarters during the off-season.

4. Finishing Time.

(i) Workers shall be entitled each week throughout the year to either one early finishing night at 7 p.m. or two at 8.30 p.m.

(ii) Permanent workers under 16 years of age shall not be required to work later than 10 p.m. on any night.

(iii) Casual workers under 16 years of age shall not be required to work later than II p.m. on any night.

5. Spreadover Duty.

(i) The maximum period for spreadover duty shall not exceed 14 hours in in any day.

(ii) A minimum period of 8 hours shall elapse between a worker's normal finishing time each night and starting time next morning.

6. Breaks.

No worker shall be required to work continuously for more than 4 hours without a break of at least 15 minutes.

7. Lifting Excessive Weights.

Workers under 18 years of age shall be employed on suitable light work.

8. Certificate of Service.

Each worker shall be entitled to receive from his employer on termination of his employment a certificate of service showing the period for which he was employed and the standing of his employment at the date of termination.

GIVEN under the Official Seal of the Labour Court this 20th day of January, 1971.

(Signed) D. MacDIARMADA,

A person authorised under Section 18 of the Industrial

Relations Act, 1946, to authenticate the Seal

of the Court.

EXPLANATORY NOTE.

This instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 1st February, 1971, for workers employed in a hotel undertaking anywhere throughout the State except the County Boroughs of Dublin and Cork and the Borough of Dún Laoghaire. It is made by the Labour Court on the recommendation of the Hotels Joint Labour Committee.