S.I. No. 204/1974 - Employment Regulation Order (Shirtmaking Joint Labour Committee), 1974.


S.I. No. 204 of 1974.

EMPLOYMENT REGULATION ORDER (SHIRTMAKING JOINT LABOUR COMMITTEE), 1974.

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), 1973, dated 22nd June ( S.I. No. 164 of 1973 ) (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 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 Regulation Order (Shirtmaking Joint Labour Committee), 1974.

(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, 1974 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 TIME-RATES FOR MALE WORKERS.

Workers employed elsewhere than in Co. Donegal

Workers employed in Co. Donegal

Per Hour Pence

Per Hour Pence

1/7/74

1/1/75

1/7/74

1/1/75

( a ) SPECIAL or MEASURE CUTTERS as defined in Part VII or PATTERN CUTTERS or PATTERN TAKERS, who are employed as such during the whole or a substantial part of their time and who have not less than five years' experience after attaining 19 years of age

66·36

72·07

66·20

71·89

The experience of Special or Measure Cutters shall include three years' experience of Measure Cutting.

( b ) CUTTERS (other than those specified in (a) above) of 21 years of age or over who are employed as such during the whole or a substantial part of their time, and who have had not less than five years' experience in cutting in the Shirtmaking Trade

65·27

70·92

65·11

70·73

Note: The term "cutting" shall be deemed to include the operations of Marking-in (stencilling) and Marking-out (pencilling), and a male worker (other than an apprentice) who performs the operations of Marking-in (stencilling) and Marking-out (pencilling) shall be deemed to be a cutter and entitled to the appropriate rate.

( c ) Apprentice Cutters, as defined in Part VII and Male Workers other than those specified in (a) and (b) above.

When employed

under 16 years of age

21·02

22·84

20·84

22·63

at 16 and under 17 years of age

23·50

25·53

23·18

25·18

" 17" " 18 " " "

25·91

28·16

25·65

27·87

" 18" " 19 " " "

32·18

34·96

31·97

34·73

" 19" " 20 " " "

37·60

40·85

37·37

40·60

" 20" " 21 " " "

42·75

46·45

42·45

46·12

" 21 years of age or over

61·22

66·52

61·01

66·27

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

Workers employed elsewhere than in Co. Donegal

Workers employed in Co. Donegal

Per Hour

Pence

Per Hour

Pence

1/7/74

1/1/75

1/7/74

1/1/75

CUTTERS (Other than Special or Measure Cutters as defined in Part VII) of 21 years of age or over, who are employed as such during the whole or a substantial part of their time, and who have not less than five years' experience in Cutting in the Shirtmaking Trade

65·27

70·92

65·05

70·68

The term "Cutting" shall be deemed to include the operations of Marking-in (stencilling) the Marking-out (pencilling).

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

Workers employed elsewhere than in Co. Donegal

Workers employed in Co. Donegal

Per Hour

Pence

Per Hour

Pence

1/7/74

1/1/75

1/7/74

1/1/75

(a) Female Workers (other than Learners)

47·1

51·85

46·9

51·64

(b) Female Learners as defined in Part VII (all areas).

Learners commencing at

18 years

of age

or over

An earlier

age than

18 years

Per Hour

Per Hour

1/7/74

1/1/75

1/7/74

1/1/75

p.

p.

p.

p.

During 1st six months of Learnership

30·14

33·18

28·78

31·68

"  2nd" "  "  "

30·14

33·18

30·14

33·18

"  3rd" "  "  "

34·05

37·49

31·51

34·69

"  4th" "  "  "

34·05

37·49

34·05

37·49

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 47·1p (1/7/74) and 51·85p (1/1/75); 46·9p (1/7/74) and 51·64 (1/1/75) in the case of a worker employed in Co. Donegal.

PART II.

GENERAL MINIMUM PIECE-RATES FOR FEMALE HOME-WORKERS.

These rates shall be general minimum time rates plus 50%.

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).

Per Hour

Pence

1/7/74

1/1/75

(a) Tie Cutters of 21 years of age and over, who are employed as such during the whole or a substantial part of their time, and who have had not less than five years' experience in Tie Cutting

66·36

72·07

(b) Male Workers (Other than Tie-Cutters as specified in (a) above):—

When employed under 16 years of age

21·18

23·07

When employed at 16 years and under 17 years of age

23·67

25·78

"  "   " 17  " "  " 18 " " "

27·06

29·48

"  "   " 18  " "  " 19 " " "

30·10

32·78

"  "   " 19  " "  " 20 " " "

35·19

38·33

"  "   " 20  " "  " 21 " " "

37·93

41·31

"  "   " 21 years of age and over

60·68

66·09

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

( a ) Female Workers (other than Learners)

47·1

51·85

( b ) Female Learners as defined in Part VII

Learners commencing at

18 years of age or over

An earlier age than 18 years

Per hour

Pence

Per hour

Pence

1/7/74

1/1/75

1/7/74

1/1/75

During 1st six months of Learnership

30·14

33·18

28·78

31·68

"  2nd "  "  "  "

30·14

33·18

30·14

33·18

"  3rd "   "  "  "

34·05

37·49

31·51

34·69

"  4th "  "  "  "

34·05

37·49

34·05

37·49

SECTION III:—PIECE-WORK BASIS TIME-RATE FOR ALL FEMALE WORKERS (ALL AREAS)

Per hour

1/7/74

1/1/75

47·1

51·85

SECTION IV.—GENERAL MINIMUM PIECE-RATE FOR FEMALE HOME-WORKERS (ALL AREAS)

Per Dozen

1/7/74

1/1/75

Making of Neck Ties (exclusive of cutting)

£2·16

£2·35

*Cost-of-living "Threshold" provision. If during the period mid-November, 1973 to mid-November, 1974 the Consumer Price Index rises by more than 10% the basic pay of employees shall be increased by 1% for every 1% rise in the Index over that 10%—the increase is payable from the 31st March, 1975.

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 and Saturday 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 the Statutory Annual Leave under the Holidays (Employees) Act, 1961 shall be granted an additional week's leave which may be granted at such time as may be agreed between the 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 any 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, payjamas, 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 distinction 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 Worker 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 Basis 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. worker 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 "Basis 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 employers' 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 in which no work was 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 X.

SERVICE PAY.

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

Number of years Service with an employer

5 but under 10 years

10 but under 15 years

15 but under 20 years

20 years and over

Males — Rate per week

25p

50p

75p

£1·00

Females — Rate per week

20p

40p

60p

80p

GIVEN under the Official Seal of the Labour Court this 28th day of June, 1974.

(Signed) D. MAC DIARMADA

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 the 1st July, 1974 for workers employed in the Shirtmaking Trade. It is made by the Labour Court on the recommendation of the Shirtmaking Joint Labour Committee.