S.I. No. 194/1983 - Employment Regulation Order (Boot and Shoe Repairing Joint Labour Committee), 1983.

S.I. No. 194 of 1983.

EMPLOYMENT REGULATION ORDER (BOOT AND SHOE REPAIRING JOINT LABOUR COMMITTEE), 1983.

WHEREAS the Labour Court (hereinafter called "the Court") pursuant to Section 43 of the Industrial Relations Act, 1946 , made Employment Regulation Order (Boot and Shoe Repairing Joint Labour Committee) 1982, dated the 21st May, 1982 ( S.I. No. 155 of 1982 ) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the statutory conditions of employment of workers in relation to whom the Boot and Shoe Repairing 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 minimum rates of remuneration and regulating the 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 Regulation Order (Boot and Shoe Repairing Joint Labour Committee), 1983.

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 from the 18th July, 1983, and as from that date the said Order shall be revoked.

NOTE: Enquiries should be directed to the Joint Labour Committees Section, The Labour Court, Davitt House, Mespil Road, Dublin 4. (Phone 765861 Extension Nos. 169 and 182).

SCHEDULE

PART I

Statutory Minimum Time-Rate for all Workers

Section I:

The minimum time-rate for managers or supervisors

A manager or supervisor employed on piece-work must be paid at not less than the statutory minimum time-rate in any case where his/her earnings on piece-work are less than such rate.

Section II:

The minimum time-rate for all workers (other than managers or supervisors) shall be:—

Section III:

Provision for late entrants

Persons entering the Trade for the first time, having reached the age of 16 years, shall not be entitled to demand the minimum rate applicable to their age until they have had six months experience in the trade. During this period they shall receive a commencing rate not less than 60% of the minimum rate otherwise applicable.

PART II

Operatives on Piece-Work

An employer may, at his discretion, introduce piece-work into his firm for periods of not less than one week at a time. If a worker is paid on the basis of piece-work his rate of pay shall be at least 25% above the general minimum time-rate. If a worker who is normally employed on piece-work ceases to be so employed he shall be paid at a rate of not less than the general minimum time-rate which in these circumstances shall be the piece-work basis time rate.

PART III

Normal Working Hours and Overtime Rates

Section I:

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

The maximum number of hours which may be worked by workers over 16 years and under 18 years shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 .

Section II:

The minimum rate for overtime to apply in respect of hours 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 the first four hours of overtime on any day, one and a half times the minimum rate otherwise applicable i.e. time-and-a-half. Double time thereafter.

Section III:

Workers who qualify for payment under the Holidays (Employees) Act, 1973 shall be paid, for all time worked on a Public Holiday, at a rate of not less than three times the normal rate, subject to a minimum payment for four hours, or at a rate of not less than twice the normal rate plus one day in lieu, subject to the provision that such workers will be remunerated at not less than that provided for by the Holidays (Employees) Act, 1973 .

PART IV

DEFINITION OF WORKERS

A Manager or Supervisor (Male or Female)

Section I:

A manager or supervisor (male or female) is a worker (a) who exercises sole supervising authority over all workers exceeding three in number (excluding the said manager or supervisor) working in the same shop or department or (b) who (whether working alone or with any other worker) under the terms of his/her employment, in addition to any work which may be required of him/her, fits up or supervises the fitting-up of the work and has control of the repairing or making and the technical direction thereof.

TRADE

Section II:

The above statutory minimum remuneration shall be payable subject to the provisions of the Industrial Relations Act, 1946 , and of this Schedule, to all workers specified in this Schedule in respect of any time during which they are employed in any Branch of the Trade specified in the Trade Board's (Boot and Shoe Repairing) Order, 1919, that is to say, the repairing wherever carried on of boots, shoes, slippers and all kinds of footwear, including the making of bespoke handsewn riveted or pegged footwear, but excluding the manufacture of footwear on a large scale, the repairing of saddlery and leather goods other than footwear, and the retailing of footwear.

PART V

WAITING TIME

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 is 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 to him to perform or unless the worker is present (c) only by reason of the fact that he is resident on the premises or (d) during meal hours in a room or place in which no work is being done.

A worker employed on piece-work is deemed during "waiting time" to have been employed at the general minimum time-rate applicable.

PART VI

ANNUAL LEAVE

One additional day's annual leave shall be granted with effect from 1st January, 1983 bringing the annual leave entitlement to 20 days. The entitlement to the additional leave shall be based on the provisions of the Holidays (Employees) Act, 1973 .

PART VII

SERVICE PAY

Male and female workers who have been in continuous employment with the one employer to be granted service pay as follows:—

5 years service— £0.75 per week

10 years service— £1.50 per week

15 years service— £2.25 per week

20 years service— £3.00 per week

GIVEN under the Official Seal of the Labour Court this 7th day of July, 1983.

(Signed) COLM COYNE.

A person authorised under Section 18 of the Industrial Relations Act, 1946

to authenticate the Seal of the Court.

EXPLANATORY NOTE.

This Instrument fixes minimum rates of pay and conditions of employment as from 18th July, 1983 for workers employed in the Boot and Shoe Repairing Trade. It is made by the Labour Court on the recommendation of the Boot and Shoe Repairing Joint Labour Committee.