S.I. No. 367/1936 - Conditions of Employment (Maintenance and Repair of Mail Vans) (Exclusion) Order, 1936.

STATUTORY RULES AND ORDERS. 1936. No. 367.

CONDITIONS OF EMPLOYMENT (MAINTENANCE AND REPAIR OF MAIL VANS) (EXCLUSION) ORDER, 1936.

THE CONDITIONS OF EMPLOYMENT (MAINTENANCE AND REPAIR OF MAIL VANS) (EXCLUSION) ORDER, 1936, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 28TH DAY OF SEPTEMBER, 1936, PURSUANT TO SECTIONS 29 , 49 AND 52 OF THE CONDITIONS OF EMPLOYMENT ACT, 1936 .

WHEREAS it is enacted by sub-section (1) of Section 29 of the Conditions of Employment Act, 1936 , that the Minister for Industry and Commerce may by order make regulations (in the said Act referred to as exclusion regulations) declaring any specified form of industrial work to be excluded industrial work for the purpose of all or any of the sections of Part III of the Act :

AND WHEREAS it is enacted by sub-section (1) of Section 52 of the said Act that whenever the Minister for Industry and Commerce makes regulations declaring any form of industrial work to be excluded industrial work for the purpose of any section of Part III of the Act which relates to the hours during which an employer may permit any worker to do for him any form of industrial work, the said Minister may by order make regulations fixing in such manner as he may think fit the hours of work in respect of such form of industrial work for all or any classes of workers engaged in such form of industrial work :

AND WHEREAS it is provided by paragraph (e) of sub-section (1) of Section 49 of the said Act that any form of industrial work may be excepted from that sub-section by regulations made by the said Minister after consultation with representatives of employers interested in such industrial work and with representatives of workers so interested :

NOW, THEREFORE, the Minister for Education acting as Agent for the Minister for Industry and Commerce in exercise of the powers conferred on him by sections 29 , 49 and 52 of the Conditions of Employment Act, 1936 , and of every and any other power him in this behalf enabling, and having first consulted with representatives of employers and representatives of workers pursuant to sub-section (2) of the said Section 29, sub-section (1) (e) of the said Section 49 and sub-section (3) of the said Section 52, makes by this Order the following regulations, that is to say :—

1. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

2. The form of industrial work specified in the Schedule to this Order is hereby declared to be excluded industrial work for the purpose of Section 38 of the Conditions of Employment Act, 1936 .

3. The said form of industrial work is hereby excepted from sub-section (1) of Section 49 of the said Act.

4. The hours of work in respect of the form of industrial work declared by the preceding regulations to be excluded industrial work for the purpose of Section 38 of the said Act and declared to be excepted industrial work for the purpose of sub-section (1) of Section 49 of the said Act are hereby fixed as follows, that is to say :—

It shall not be lawful for an employer who employs any worker to do the said form of industrial work in an industrial undertaking on day work to permit such worker

(a) to continue work after any of the following limits, that is to say :—

(i) the time in any day when such worker has completed nine hours work on that day,

(ii) the time in any week when such worker has completed forty-eight hours work in that week, or

(b) if a young person, to work on a Sunday or a public holiday.

In this regulation the expression " day work " means work which is neither continuous process shift work nor licensed shift work.

This Order may be cited for all purposes as the Conditions of Employment (Maintenance and Repair of Mail Vans) (Exclusion) Order, 1936.

By Order of the Minister for Education acting as agent for the Minister for Industry and Commerce.

Dated this 28th day of September, 1936.

JOHN LEYDON,

Secretary,

Department of Industry and Commerce.

SCHEDULE.

The work of maintaining and repairing Post Office mail vans when done in the Dublin County Borough Area.