S.I. No. 309/1977 - Employment Regulation Order (Women's Clothing and Millinery Joint Labour Committee) 1977.


S.I. No. 309 of 1977.

EMPLOYMENT REGULATION ORDER (WOMEN'S CLOTHING AND MILLINERY JOINT LABOUR COMMITTEE) 1977.

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 17th November, 1975 ( S.I. No. 263 of 1975 ) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the conditions of employment of workers in relation to whom the Women's Clothing and Millinery Joint Labour Committee (hereinafter called "the Committee") operates, other than workers employed in the making of women's headgear in the Factory Branch of the Trade in the Borough of Galway;

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 minimum rates of remuneration and regulating the conditions of employment of workers in relation to whom the Committee operates, other than workers employed in the making of women's headgear in the Factory Branch of the Trade in the Borough of Galway;

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 (Women's Clothing and Millinery Joint Labour Committee) 1977.

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 3rd October, 1977 and as from that date the said Order shall be revoked.

SCHEDULE.

PART I.

SECTION I.—General Minimum Time-Rates and Incentives Time Rates for Workers.

General minimum Time-rate

Incentive Time-rate

Per Week

Per Week

Classification

From Date of Order

From 1/11/77

From Date of Order

From 1/11/77

Job class 1.

Measure Cutter, is a person employed in any process of measure cutting who is capable of taking a complete set of measures if cutting any garment for a female person from model patterns and has sufficient technical knowledge to be capable of grading sizes from a basic pattern. ..

£46·37

£48·53

£46·79

£48.96

Job class 2.

Cutter or Trimmer, is a person substantially employed in one or more of the following processes—marking in, laying up and cutting heavy and/or light weight materials .. ..

£45·04

£47·17

£46·56

£47.70

Tailor, is a person employed in sewing by hand in a process of:

(a) making a garment or major portion of a garment, and/or

(b) altering, repairing, renovating, or re-making a garment or major portion of a garment, when such process is carried out in a work-room or factory. .. ..

Presser-off, is a person, employed in pressing off a garment or any part of a garment by hand or machine where the work requires judgement and skill to ensure required quality standards

Job Class 3

General Worker, is a person performing operations requiring levels of flexibility and experience in excess of Job Class 4, and requiring the lifting of weights in excess of 35·2 lbs ( Factories Act, 1955 (Manual Labour) (Maximum Weights and Transport) Regulations 1972) .. ..

£43·42

£45·51

£43·75

£45.84

Job Class 4

Machinist, is a person who operates a sewing machine or automatic or semi-automatic ancillary machine in the process of making a garment ..

£33·30

£35·30

£33·91

£35.91

All operations not covered in Job Classes 1, 2, 3 and 4.

SECTION II—Learners.

From Date of Order

From 1/11/77

(i)

Per Week

Per Week

For 1st six months of Learnership

£13·94

£14·61

For 2nd six months of Learnership

£16·15

£16·93

For 3rd six months of Learnership

or at 20 years of age or over

£19·63

£20·57

For 4th six months of Learnership

£24·23

£25·39

For 5th six months of Learnership

£27·70

£29·03

See Section (ii) below

For 6th six months of Learnership

£31·83

£33·36

For 7th six months of Learnership

£36·91

£38·68

See Section (iii) below.

(ii) On completion of two and a half years Learnership a person may be appointed to Job Class 4 and shall be entitled to the general minimum time-rate appropriate to that Job Class after six months in that Job Class.

(iii) On completion of three and a half years Learnership a person may be appointed to a job in Job Class 1, 2, 3, and shall be entitled to the general minimum time-rate appropriate to that Job Class after six months in that Job Class.

PART II.

NORMAL WORKING HOURS.

SECTION I.—The normal number of hours of work shall be as follows:—

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

For workers under 18 years of age and workers of 18 years of age or over.

In any week

40

On any day other than the Sixth Day not exceeding.

8

On the Sixth Day, not exceeding

4

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

For Workers of 18 years of age and over

For Workers whose age is less than 18 years

In any week

40

40

On Monday to Thursday (inclusive not exceeding)

9

8

On Friday, not exceeding

8

8

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 sixth day 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 of work 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.

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:—

(i) For the first two hours of overtime on any day other than on Sunday or on a Customary Public or Statutory Holiday, the overtime rate shall be one-and-a-quarter times the minimum rate otherwise applicable, i.e. time-and-a-quarter.

(ii) For overtime after the first two hours of overtime, on any day other than on Sunday or on a Customary Public or Statutory Holiday, the overtime rate shall be one-and-a-half times the minimum rate otherwise applicable, i.e. time-and-a-half.

(iii) For all time worked on Sunday, Customary Public or Statutory Hoidays, the overtime rate shall be twice the minimum rate otherwise applicable, i.e. double-time.

(iv) For all time worked in any week in excess of the declared normal number of hours for the week, the overtime rate shall be time-and-a-quarter, except insofar as overtime rates are payable under the provisions of Paragraphs (i), (ii) and (iii) above.

PART III.

ANNUAL HOLIDAYS.

A worker in relation to whom the Committee operates qualifies for annual leave under the Holidays (Employees) Act, 1973 .

PART IV.

WORKERS TO WHOM THIS ORDER APPLIES.

The minimum 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 any time during which they are employed in any branch of the trade specified in the Trade Boards (Women's Clothing and Millinery) Order, 1926 (Variation) Order, 1944, that is to say:—

The making from textiles or knitted fabrics of (a) tailored and non-tailored wearing apparel (other than handkerchiefs) worn by women or girls or by children without distinction of sex; or (b) boys' readymade washing suits or sailor suits, where carried out in association with or in conjunction with the making of garments to be worn by women or girls, or by children without distinction of sex; and the making from any material of women's or female children's headgear, or the trimming thereof.

Including:—

(1) All operations and processes of cutting, making or finishing by hand or machine of coats, costumes, coatfrocks, mantles, service clothing, dresses, skirts, wraps, blouses, blouse robes, jumpers, sports-coats, neckwear, tea-gowns, dressing gowns, dressing-jackets, pyjamas, underclothing, underskirts, aprons, overalls, juvenile clothing, baby-linen or similar articles.

(2) (a) The altering, repairing, renovating or re-making of any of the above-mentioned articles.

(b) The cleaning of any of the above-mentioned garments where carried out in association with or in conjunction with the altering, repairing, renovating or re-making of such garments.

(3) All processes of embroidery or decorative needlework where carried out in association with or in conjunction with the making, altering, repairing, renovating or re-making of such articles other than hand embroidery or hand-drawn thread work on articles made of linen or cotton or of mixed linen and cotton.

(4) The lining with fur of any of the above-mentioned garments where carried out in association with or in conjunction with the making of such garments.

(5) The following processes if done, by machine: Thread-drawing, thread-clipping, top-sewing, scalloping, nickelling and paring.

(6) Laundering, smoothing, folding, ornamenting, boxing, packing, warehousing or other operations incidental or appertaining to the making, altering, repairing, renovating or re-making of any of the above-mentioned articles.

BUT EXCLUDING:—

(a) The making of knitted articles, knitted headgear, the making of headgear from knitted fabrics; the making of underclothing, socks and stockings from knitted fabrics, and the making from knitted fabrics of articles mentioned in paragraph 1 above, where carried on in association with or in conjunction with the manufacture of the knitted fabrics.

(b) The making of golves, spats, gaiters, boots, shoes and slippers.

(c) The making from rubberised or oilskin material or material commonly called plastic of men's or women's, boy's or girl's outer garments excluding aprons: and the making from rubberised or oilskin material or material commonly called plastic of women's or girl's headgear where carried out in association with or in conjunction with the making of other rubberised oilskin or plastic articles.

(d) The making of women's collars and cuffs and of nurses' stiff washing belts where carried on in association with or in conjunction with the making of men's or boys' shirts or collars.

(e) Warehousing, packing and other similar operations carried on in shops mainly engaged in the retail distribution of articles of any description that are not made on the premises.

(f) The casting and making of solid metal helmets.

(g) The lining with fur of any of the articles mentioned in paragraph 1 above, and the making of fur hats, where carried on in association with or in conjunction with the manufacture of furs or furriers' skins into garments, rugs or similar articles.

(h) The branches of the trade covered by the Trade Board (Corset) Order, 1919.

(i) The making of hoods which:—

(1) are for women's or female children's headgear, and

(2) are from materials which, at any stage of the making of the hoods, are felted in the premises in which the hoods are made.

PART V.

DEFINITIONS.

SECTION I.—The term "homeworkers" shall be deemed to mean a worker who works in her own home or any other place not under the control or management of her employer.

SECTION II.—A learner is a worker who:—

( a ) is employed during the whole or a substantial part of the hours of work in 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 learner's certificate or has been registered in accordance with the rules from time to time laid down by the Joint Labour Committee, or has made an application for such certificate of registration which has been duly acknowledged and is still under consideration.

Any worker who has previously been employed in any branch of the Trade as defined in this Schedule and has not been registered as a learner, nor has held a learner's certificate and who is subsequently employed as a learner shall count the whole period of such previous employment for the purpose of determining the time-rate at which such worker is entitled to be paid.

A learner shall cease to be a learner and shall become entitled to the minimum rates payable to workers other than learners on the completion of the period of learnership specified in Part I, Section III.

PROVIDED THAT:—

(i) The learner's certificate shall become invalid if the other conditions of learnership are not complied with.

(ii) An employer may employ a learner on first employment in the trade (as described in this Part of the Schedule) without a certificate for a probationary period not exceeding one month, but in the event of such learner being continued thereafter in such employment, the probationary period shall be included in the period of learnership.

(iii) An application for a learner's certificate must be made to the Committee in respect of every worker whom it is desired to employ at the special lower rates fixed for learners.

(iv) Where the employment of a learner with a particular employer is interrupted by reason of illness, the temporary cessation of the work on which the learner is employed, the temporary reduction of the weekly quantity of such work or any other temporary cause not due to the learner's act or default, the learner shall be deemed to have been in the continuous employment of such employer for the purpose of determining the appropriate rate applicable to the learner provided that such interruption does not exceed thirty days (counting Sundays and other non-working days) and provided that the learner returns to employment with that particular employer at the end of such interruption.

(v) 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 wholetime course of instruction in the trades at a Technical School or (which may include a reasonable amount of general education) such instruction being given by a teacher whose qualification has been approved by the Department of Education and being of a minimum duration of two years.

PART VI.

WAITING TIME.

A worker must be paid not less than the appropriate minimum piece-work basis time-rate in respect of all time during which the worker is 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 work and other than waiting for work to be given to perform or unless (c) only by reason of the fact that the worker was resident on the premises or (d) during normal meal hours in a room or place in which no work is being done. A worker on piece-work is deemed during "Waiting-Time'' to have been employed at the general minimum piece-work basis time-rate applicable.

PART VII.

SERVICE PAY.

Workers with 10 to 14 years service with the same employer

£0·50 p.w.

Workers with 15 to 19 years service with the same employer

£0·75 p.w.

Workers with 20 years service and over with the same employer

£1·00 p.w.

Service Pay not to be included in the calculation of Overtime Rates and not paid for any period of absence (without authorisation) of five consecutive days.

Given under the Official Seal of the Labour Court this 28th day of September, 1977.

(Signed) JAMES 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 with effect as from 3rd October, 1977 statutory minimum rates of remuneration and statutory conditions of employment of workers employed in the Women's Clothing and Millinery Trade. It is made by the Labour Court on the recommendation of the Women's Clothing and Millinery Joint Labour Committee.