S.I. No. 167/1936 - Conditions of Employment (No. 1) Order, 1936.


STATUTORY RULES AND ORDERS. 1936. No. 167.

CONDITIONS OF EMPLOYMENT (No. 1) ORDER, 1936.

THE CONDITIONS OF EMPLOYMENT (No. 1) ORDER, 1936, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 20TH DAY OF MAY, 1936, PURSUANT TO SECTION 11 of THE CONDITIONS OF EMPLOYMENT ACT, 1936 .

WHEREAS it is enacted by Section 11 of the Conditions of Employment Act, 1936 , that the Minister for Industry and Commerce may by order make regulations prescribing any matter or thing referred to in the Act as prescribed or to be prescribed :

AND WHEREAS there are matters or things referred to as prescribed or to be prescribed in Sections 4 (2), 14 (2), 31 (2), 35, 37, 50 (6), 53 (1) of the said Act.

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the power conferred on him by Section 11 of the Conditions of Employment Act, 1936 , and of every and any other power him in this behalf enabling, makes by this order the following regulations, that is to say :—

1. These regulations may be cited for all purposes as the Conditions of Employment (No. 1) Order, 1936.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. In these regulations—

the expression " the Act " means the Conditions of Employment Act, 1936 ; the expression " the Minister " means the Minister for Industry and Commerce.

4. The form of application in which a person carrying on an industrial undertaking may apply to the Minister under Section 4 (2) for a licence to be an exempted employer for the purposes of Section 4 shall be the Form No. C.E. 1 in the Schedule to these Regulations.

5. The form of requisition which shall be presented under Section 14 (2) of the Act for a birth certificate of a young person and the particulars to be contained in such requisition shall be the Form No. C.E. 2 in the Schedule to these regulations and the particulars required by such requisition.

6. The form in which an employer may send to the Minister a notice under Section 31 (2) of the Act to substitute another specified day of the week (not being Sunday) as the short day instead of Saturday or any day previously substituted for Saturday under the said Section and the particulars to be contained in such form shall be the Form No. C.E. 3 in the Schedule to these regulations and the particulars required by such notice. Every such form of notice shall be addressed to " The Secretary, Department of Industry and Commerce, Lord Edward Street, Dublin".

7. The particulars to be stated by any person who applies to the Minister under section 35 of the act for the grant of a shift-work licence under section 36 of the act shall be as follows, that is to say :—

(a) the applicant's name and address ;

(b) the situation of the industrial undertaking ;

(c) a full description of the industrial work carried on in such undertaking ;

(d) a precise description of the form of industrial work for which a shift-work licence is sought ;

(e) a complete statement as to the necessity for shift-work ;

(f) the class or classes and the number of workers to be employed on the form of industrial work for which such licence is sought ;

(g) the number of shifts to be worked per day ;

(h) the times and duration of each shift ;

(i) the number of shifts to be worked per week ;

(j) particulars as to days of rest to be allowed ;

(k) particulars as to shifts to be worked on the short day and on Sunday ;

(l) the period for which the licence is sought.

8. The form of shift-work licence which may be granted by the Minister under section 37 of the act shall be the Form No. C.E. 4 in the Schedule to these regulations.

9. The application in which any person may apply to the Minister under Section 50 (6) of the Act for a copy of the copy of any agreement registered in the Wages Agreements Register shall be made in writing and shall contain sufficient particulars as to the date of the agreement, the signatories thereto, the class or classes of workers, the form or forms of industrial work and the area to which such agreement relates as to identify such agreement. Such application shall be addressed to " The Secretary, Department of Industry and Commerce, Lord Edward Street, Dublin". The fee which shall be paid for a copy of the copy of any agreement registered under section 50 of the act shall be at the rate of four pence per folio of seventy-two words or of any number of words less than seventy-two.

10. The form of the notice of the hours of work for workers doing industrial work which shall be displayed by an employer at his premises under Section 53 (1) of the Act shall be the Form No. C.E. 5 in the Schedule to these regulations.

These Regulations shall come into operation on the date of the coming into operation of the Act.

By Order of the Minister for Industry and Commerce.

Dated this 20th day of May, 1936.

R. C. FERGUSON,

Assistant Secretary,

Department of Industry and Commerce.

SCHEDULE.

FORM No. C.E. 1

ROINN TIONNSCAIL AGUS TRACHTALA.

CONDITIONS OF EMPLOYMENT ACT, 1936 .

APPLICATION FOR A LICENCE TO BE AN EXEMPTED EMPLOYER FOR THE PURPOSES OF SECTION 4 OF THE ACT.

I/We............................................................ ............................................................ ...............................

carrying on the business of............................................................ ............................................................ ...

in the premises situate at............................................................ ............................................................ ......

hereby make application under Section 4 (2) of the Conditions of Employment Act, 1936 , for a licence to employ workers in the undertaking to do the form of industrial work in relation to which particulars are set out herein while remaining exempt from the provisions of the Act on the ground that the amount of industrial work done in such undertaking is so small that the provisions of the Act cannot be conveniently applied.

1. Form of industrial work in respect of which this application is made.

2. Total number of workers employed in the undertaking.

No.

Adult Males (over 18 years of age)

Women (over 18 years of age)

Boys (under 18 years of age)

Girls (under 18 years of age)

3. Number of workers employed on the form of industrial work in respect of which this application is made.

No.

Adult Males (over 18 years of age)

Women (over 18 years of age)

Male young persons (under 18 years of age)

Female young persons (under 18 years of age)

4. Average number of hours worked per week,

on the industrial

on other work

work referred

in the

to at 1 above.

undertaking .

No. of hours.

No. of hours.

Adult males (over 18 years of age)

Women (over 18 years of age)

Male young persons (under 18 years of age)

Female young persons (under 18 years of age)

5. Full particulars of forms of industrial work (if any) done in respect of which a licence under Section 4 will not be sought.

6. Maximum number of workers likely to be engaged on the form of industrial work in respect of which this application is made.

No.

Adult males (over 18 years of age)

Women (over 18 years of age)

Male young persons (under 18 years of age)

Female young persons (under 18 years of age)

Signature of Applicant(s)............................................................ ......................................

Dated this       day of           19 .

NOTE.—If a licence is sought in respect of any other form of industrial work done in the undertaking, a separate application should be made in respect of that form of industrial work.

FORM No. C.E. 2.

ROINN TIONNSCAIL AGUS TRACHTALA.

CONDITIONS OF EMPLOYMENT ACT, 1936 .

REQUISITION FOR A CERTIFICATE OF BIRTH UNDER SECTION 14 of THE CONDITIONS OF EMPLOYMENT ACT, 1936 .

To the Registrar or Superintendent Registrar or other person having the custody of the Register Book in which the Birth of the undermentioned person is recorded.*

I, the undersigned, hereby demand for the purposes of the Conditions of Employment Act, 1936 , a Certificate of the Birth of the person in relation to whom particulars are given below.

Name of Person in full ............................................................ ............................................................ .......

Date of Birth.—The.............................day of............................................................ ...........................

One thousand nine hundred and

(The year to be written in words, not figures.)

Place of Birth ............................................................ ............................................................ ......................

Father's Name (in full)............................................................ ............................................................ ........

Father's Occupation............................................................ ............................................................ .............

Mother's Name (in full)............................................................ ............................................................ ......

Mother's Maiden Surname............................................................ ............................................................ ..

Signature of Applicant............................................................ ............................................................ .........

Address ............................................................ ............................................................ ................................

Dated this....................................day of............................................................ ..19......

* This application must NOT be sent to the Registrar General.

FORM No. C.E. 3.

ROINN TIONNSCAIL AGUS TRACHTALA.

CONDITIONS OF EMPLOYMENT ACT, 1936 .

NOTICE TO THE MINISTER FOR INDUSTRY AND COMMERCE AS TO THE SHORT DAY.

To

The Secretary,

Department of Industry and Commerce,

Lord Edward Street,

Dublin.

I/We hereby give notice to the Minister for Industry and Commerce in accordance with Section 31 (2) of the Conditions of Employment Act, 1936 , that I/We intend to substitute............................... as the short day instead of Saturday (or any day previously substituted for Saturday under Section 31 of the Act) for the industrial undertaking of............................................................ ........................................

............................................................ ............................................................ ..................................................

situate at............................................................ ............................................................ ..................................

Signature of Employer(s)............................................................ ..................................

Dated this................................day of....................................................19......

FORM No. C.E. 4.

ROINN TIONNSCAIL AGUS TRACHTALA.

CONDITIONS OF EMPLOYMENT ACT, 1936 .

SHIFT-WORK LICENCE.

The Minister for Industry and Commerce in pursuance of the powers conferred on him by Section 36 of the Conditions of Employment Act, 1936 , and having consulted with representatives of employers interested in the relevant form of industrial work and with representatives of workers so interested hereby authorises............................................................ ............................................................ .......

............................................................ ............................................................ ..........................................................

to employ workers on shift-work to do the industrial work set out in the schedule hereto in the undertaking described in that schedule subject to the conditions laid down in the Act and subject also to the following conditions :—

This licence shall remain in force until the    day of

, 19 .

By Order of the Minister for Industry and Commerce.

Dated this     day of                 19 .

Department of Industry and Commerce.

SCHEDULE.

FORM No. C.E. 5.

ROINN TIONNSCAIL AGUS TRACHTALA

CONDITIONS OF EMPLOYMENT ACT, 1936 .

NOTICE OF THE HOURS OF WORK PRESCRIBED BY THE MINISTER FOR INDUSTRY AND COMMERCE.

Working Hours

Intervals in Work

Adult Male Workers

Women and Young Persons deemed to be Adult Workers

Young Persons

Adult Male Workers

Women and Young Persons deemed to be Adult Workers

Young Persons

..........day to............day

From

To

From

To

From

To

From

To

From

To

From

To

(Excluding short day and Sunday)

Morning

Afternoon

Evening

Short Day viz.

Short Day

....................................day

.

Sunday

Sunday

Signature of Employer............................................................ ............................................................ .

Date............................................................ ...................................................