S.I. No. 197/1971 - Employment Regulation Order (Shirtmaking Joint Labour Committee) 1971.

S.I. No. 197 of 1971.

EMPLOYMENT REGULATION ORDER (SHIRTMAKING 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 Employment Regulation Order (Shirtmaking Joint Labour Committee), 1970, dated 15th September, 1970 ( S.I. No. 207 of 1970 ) (hereinafter called "the said Order"), fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Shirtmaking 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 the Employment Regulations Order (Shirtmaking 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 1st July, 1971 and as from that date the said Order shall be revoked.

SCHEDULE

PART I.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATES FOR MALE AND FEMALE WORKERS EMPLOYED IN THE SHIRTMAKING BRANCH OF THE TRADE.

SECTION I :—GENERAL MINIMUM ITEM-RATES FOR MALE WORKERS.

SECTION II—PIECE-WORK BASIS TIME RATE FOR MALE CUTTERS.

SECTION III.—GENERAL MINIMUM TIME-RATES FOR FEMALE WORKERS.

SECTION IV : PIECE-WORK BASIS TIME RATE FOR ALL FEMALE WORKERS.

Female Workers (including female learners as defined in Part VII) when employed on Piece-Work for which no General Minimum Piece-Rate has been fixed by the Committee, shall be paid for each operation on which so employed a Piece-Rate not less than that which would yield in the circumstances of the case, to an ordinary worker at least 0·2792 per hour, (0·2776 per hour in the case of a worker employed in Co. Donegal).

PART II

GENERAL MINIMUM PIECE-RATES FOR FEMALE HOME-WORKERS.

SECTION I.——WORKERS EMPLOYED IN MAKING COARSE SHIRTS.

(The above rates cover all the machine work normally done by the Home-worker on the shirts, but do not cover the making of button holes and sewing on of buttons.

NOTE: For the purpose of the General Minimum Piece-Rates set out in this section the following definitions and conditions shall apply:—

(i) A coarse shirt shall be deemed to be a shirt made from any kind of the following materials:—

Flannelette, army grey, khaki, sateen drill, coarse Oxford, Harvard and twisted tweed.

(ii) A plain square shirt shall be deemed to be a shirt without shape in the armholes, skirts or cuffs, with a shoulder piece or lifted shoulder, with band and cuffs made in one piece, and with single breast piece having only one row of stitching and the bottom square or diamond.

SECTION II.—WORKERS EMPLOYED IN MAKING SHIRTS OTHER THAN COARSE SHIRTS.

(A) Homeworkers employed elsewhere than in Co. Donegal.

The General Minimum Piece-Rates for Home-Workers employed elsewhere than within the Administrative Area of the County of Donegal in making shirts other than Coarse Shirts, shall be the rates set out below:

MACHINING—

(B) Home-workers employed in County Donegal.

The General Minimum Piece-Rates for Home-workers employed within the Administrative Area of the County of Donegal in making Shirts other than Coarse Shirts shall be the rates shown hereunder:—

PROCESSES—

SECTION III.—WORKERS EMPLOYED IN MAKING PYJAMAS

Home workers employed in County Donegal.

The General Minimum Piece-Rates for Home-workers employed within the Administrative Area of the County of Donegal in making Pyjamas shall be the rates shown hereunder.

(a) MACHINING PYJAMAS including the following processes: 

Stitching Pocket on Jacket (one piece pocket). Double stitching or felling Pants and Jacket (full back) 4 seams in Jacket, 4 seams in Sleeves, and 3 seams in Pants. Stitching on Collar. Laying up and stitching skirt of Jacket and ends of Sleeves and Pants. Making Girdle Hem, and inserting Girdle. Making Fly. Putting on Patch, Stitching on size labels on Jackets and Pants. Running, turning and stitching collar, Laying and stitching on one-piece strap :—

(b) The following additional Rates shall be paid in respect of the processes and variations named hereunder :—

PROCESSES:

PART III.

GENERAL MINIMUM TIME RATES AND PIECE WORK BASIS TIME RATES FOR MALE AND FEMALE WORKERS EMPLOYED IN THE TIE MAKING BRANCH OF THE TRADE.

SECTION I.—GENERAL MINIMUM TIME-RATES FOR MALE WORKERS (ALL AREAS).

SECTION II.—GENERAL MINIMUM TIME RATES FOR FEMALE WORKERS (ALL AREAS)

PART IV.

SECTION I.—NORMAL WORKING HOURS

The normal number of hours to be worked by workers in relation to whom the Committee operates shall be 40 hours.

SECTION II : OVERTIME RATES AND STATUTORY HOLIDAYS.

Time worked in any week in excess of the declared number of hours and all time worked between 1 p.m. on Saturday and normal starting time on Monday morning and all time worked on public statutory holidays shall be regarded as overtime and shall be paid for at the following rates :—

(a) For the first four hours overtime, one and a quarter times the minimum rate otherwise applicable, i.e. time-and-a-quarter.

(b) For overtime after the first four hours, one and a half-times the minimum rate otherwise applicable, i.e. time-and-a-half.

(c) For overtime worked between 1 p.m. on Saturday and normal starting time on Monday morning, twice the minimum rate otherwise applicable, i.e. double time.

(d) Where a worker is required to work on a statutory public holiday he shall be paid at the rate of double time for that day and in addition shall be granted a day off in lieu with pay.

PART V.

ANNUAL HOLIDAYS.

(a) Workers in relation to whom the Committee operates and who qualify for Annual Leave under the Holidays (Employees) Act, 1961 , shall be granted additional leave as follows :—

5 additional days in the employment year 1968/1969 and future employment years.

(b) Additional Annual Leave may be granted at such time as may be agreed between worker and the employer.

PART VI.

WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES.

The Minimum Rates of Remuneration and Conditions of Employment set out in this Order shall apply subject to the provisions of the Industrial Relations Act, 1946 , and of this Order, to all workers in respect of nay time during which they are employed in those branches of the Trade which are specified in the Trade Boards (Shirtmaking) Order, 1920, that is to say —

(1) The making from textile fabrics of shirts, collars, cuffs, pyjamas, aprons, chefs' caps, hospital ward caps and other washable clothing worn by Male persons ;

(2) the making of women's collars and cuffs and of nurses' washing belts, where carried on in association with or in conjunction with the making of the before-mentioned articles ;

(3) the making of neckties worn by Male persons, and of neckties worn by Female persons, where made in association with .or in conjunction with the making of neckties worn by Male persons ;

Including :—

Laundering, smoothing, folding, ornamenting, boxing, packing, warehousing, and all other operations, incidental to or appertaining to the making of any of the above-mentioned articles :—

But excluding :—

(1) The making of articles which are knitted or are made from knitted fabrics ;

(2) the making of handkerchiefs, mufflers, gloves, socks, stockings, spats, gaiters, bonnets, hats or caps (other than chefs' caps and hospital ward caps) ;

(3) the making of boys' washing suits ;

(4) the making of washable clothing to be worn by children without distintion of sex ;

(5) the making of any articles, the making of which is included in the Trade Boards (Tailoring) Order, 1919.

PART VII.

DEFINITION OF WORKERS.

A SPECIAL OR MEASURE CUTTER IS A MALE WORKERS WHO—

(a) Is able to take a complete set of measures and cut from model patterns ; and

(b) has sufficient technical knowledge to alter patterns (excluding Stock Patterns).

AN APPRENTICE CUTTER is a Male Worker who—

(a) Is employed under a verbal or written agreement by an employer who undertakes to provide the Apprentice with reasonable and effective facilities for learning the Cutting Branch of the Trade including the operations of Hooking-up, Folding, Marking-in (stencilling) or Marking-out (pencilling) and Dividing ; and

(b) has received a certificate or has been registered in accordance with rules from time to time laid down by the Committee or has made application for such certificate or registration which has been duly acknowledged and is still under consideration. Provided that the certification or registration of an Apprentice Cutter shall become invalid if at any time during apprenticeship the provisions set out in this Schedule relating thereto are not complied with. Provided that an employer may employ an Apprentice Cutter on his first employment in the Cutting Branch of the Shirtmaking Trade as defined in this Schedule without a certificate or registration for a probationary period not exceeding four weeks but in the event of such apprentice being continued thereafter in his employment the probationary period shall be included in his period of apprenticeship.

The expression "HOME-WORKER" shall be deemed to mean a worker who works in her own home or in any other place not under the control or management of the employer.

A FEMALE LEARNER IS A WORKER WHO—

(a) Is employed during the whole or a substantial part of her time learning any branch or process of the trade, by an employer who provides the Learner with reasonable facilities for such learning, and

(b) has received a certificate or has been registered in accordance with rules from time to time laid down by the Joint Labour Committee or has made application for such certificate or registration which has been duly acknowledged and is still under consideration.

Provided that—

(c) The certification or registration of a Learner shall become invalid if at any time during the learnership the provisions set out in this Schedule relating thereto are not complied with;

(d) An employer may employ a Learner on her first employment in any branch or branches of the Trade as above described without a certificate or registration for a probationary period not exceeding four weeks; but in the event of such Learner being continued thereafter in her employment the probationary period shall be included in her period of learnership;

(e) Notwithstanding compliance with the conditions contained in this Schedule, 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.

(f) A Learner shall cease to be a Learner and shall be entitled to the full Minimum Time-Rate for Female Workers other than Learners upon the completion of two years employment;

(g) No learner who has left and re-entered the Trade shall, after re-entry, serve a longer period as a Learner than would be permissible in the case of a person of the same age;

(h) An application for a Learner's Certificate must be made to the Joint Labour Committee in respect of every worker whom it is desired to employ at the special lower rates fixed for Learners. Unless a Learner's Certificate has been obtained, or application has been made which has been acknowledged and is still under consideration and the other conditions of learnership laid down in this Part of the Schedule are complied with, the minimum rate payable is that for Workers other than Learners;

(i) For the purpose of determining the Minimum Rate applicable there shall be included in the calculation of the period of employment of a Learner one-half of the period of such Learner's attendance at a Technical School for the purpose of receiving instruction in the Shirtmaking Trade from a teacher whose qualification has been approved by the Department of Education and who is employed by a Statutory Technical Instruction Committee;

(j) Such period of instruction in a Technical School shall not be regarded as "first employment in the branch or branches of the Trade" for the purpose of the provisions in (d) above relative to employment without a certificate or registration during the Learner's probationary period.

PART VIII.

GENERAL.

In the case of any worker employed on Piece-Work for which no General Minimum Piece-Rate has been fixed, the Minimum Piece-Rate payable shall be such as will yield in the circumstances of the case to an ordinary worker not less than the appropriate Basic Rate. In determining whether any piece-rate is sufficient to satisfy this condition regard must be had only to the earnings of ordinary workers i.e., workers of ordinary skill and experience in the class of work in question, and not to the earnings of workers of less than ordinary skill and experience, e.g., learners, apprentices and infirm workers. For the purpose of the foregoing provisions the expression "Basic Rate" means the Piece-Work Basis Time-Rate fixed for the class of worker in question, or, where no such Piece-Work Basis Time-Rate has been fixed, the General Minimum Time-Rate which has been fixed for that class of worker. The above Minimum Rates of Wages shall be payable on the basis that all sewings and other materials are supplied by the employer.

PART IX.

WAITING TIME.

Waiting Time to be paid for. A worker must be paid not less than the appropriate Minimum Rate in respect of all time during which he is present on the employer's premises unless the employer can prove that such worker was so present (a) without the employer's consent, expressed or implied, or (b) for some purpose unconnected with his work and other than waiting for work to be given him to perform; or unless the worker was present (c) only by reason of the fact that he was resident on the premises, or (d) during normal meal hours in a room or place in which no work was being done.

A worker employed on piece-work is doomed during waiting-time to have been employed at the General Minimum Time-Rate applicable

PART X.

SERVICE PAY.

Workers who have been in continuous employment with the one employer to be granted Service Pay on the following basis :—

GIVEN under the Official Seal of the Labour Court this 24th day of June, 1971.

(Signed) J. G. McCAULEY

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 conditions of employment as from 1st July, 1971 for workers employed in the Shirtmaking Trade. It is made by the Labour Court on the recommendation of the Shirtmaking Joint Labour Committee.