S.I. No. 323/1972 - Employment Regulation Order (Tailoring Joint Labour Committee) 1972.

S.I. No. 323 of 1972.

EMPLOYMENT REGULATION ORDER (TAILORING JOINT LABOUR COMMITTEE) 1972.

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 10th December, 1971 S.I. No. 332 of 1971 (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 Tailoring 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 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 (Tailoring Joint Labour Committee) 1972.

(2) Effect is hereby given to the proposals set out in Schedule hereto.

(3) The provisions set out in the Schedule hereto shall have effect as from 20th December, 1972 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 IN THE CLOTHING BRANCH.

SECTION I.—Certain Classes of Male Workers (as defined in this Section).

SECTION II.—Male workers under 21 years of age (other than Learners), i.e., juvenile male workers engaged in carrying out or learning operations other than operations proper to Measure Cutters, Stock Cutters, Knife Cutters, Tailors, Waterproof Makers, Fitters-Up, Pressers-Off, Machinists, Passers, Under-Pressure or Plain Machinists as specified in. Section I.

SECTION III.—Male Learners (as defined in Part V of this Schedule).

SECTION IV.—Late Entrants (i.e., Male Learners or Male Workers under 21 years of age who enter the Clothing Branch of the Trade at or over the age of 20 years).

The General Minimum Time-Rate payable to a Male Learner, or a Male Worker whose employment in the Trade commences at or over the age of 20 shall be as follows :—

And thereafter such General Minimum Time-Rate as he may be entitled to under the provisions of this Part of the Schedule.

SECTION V.—Piece-Work Basis Time-Rate for Male Workers under 21 years of age and Male Learners 44·05p per hour, and 49·55p from 20/5/73.

A Male Worker under 21 years of age or a Male Learner, while employed on Piece Work shall be entiteld to receive Piece-Rates each of which would yield in the circumstances of the case to an ORDINARY worker similarly employed not less than the appropriate rate per hour. In determining whether any piece-rate is sufficient to satisfy this condition, regard must be had only to the earnings of ORDINARY workers, that is to say, workers 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 and infirm workers.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME- RATE FOR FEMALE WORKERS.

SECTION VI.—General Minimum Time-Rate, for Female Workers other than Female Learners per hour.

PART I. (continued).

SECTION VII.—PIECE-WORK BASIS TIME-RATE for all Female Workers.

A Female Worker shall be entitled to receive Piece-Rates each of which would yield in the circumstances of the case to an ORDINARY worker similarly employed not less than the appropriate full General Minimum Time-Rate per hour shown in Section VI of this Part. In determining whether any piece-rate is sufficient to satisfy this condition regard must be had only to the earnings of Ordinary Workers, that is to say, workers 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 and infirm workers.

SECTION VIII.—General Minimum Time-Rates for Female Learners (as defined in Part V of this Schedule) :—

PART II.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATES FOR MALE AND FEMALE WORKERS IN THE HEADGEAR BRANCH.

SECTION I.—Certain classes of Male Workers (as defined in this Section) :—

PART II. (continued).

SECTION II.—Male Workers under 21 years of age (other than Learners), i.e., juvenile male workers engaged in carrying out or learning operations other than operations proper to Cutters, Lining Cutters, Male Blockers and Machinists as specified in Section I above.

SECTION III.—Male Learners (as defined in Part V of this Schedule).

SECTION IV.—LATE ENTRANTS (i.e., Male Learners or Male Workers under 21 years of age who enter the Headgear Branch of the Trade at or over the age of 20 years).

The General Minimum Time-Rate payable to a Male Learner, or a Male Worker whose employment in the Trade commences at or over the age of 20 shall be as follows :—

and thereafter such General Minimum Time-Rate as he may be entitled to under the provisions of this Part of the Schedule.

SECTION V.—PIECE-WORK BASIS TIME-RATE for Male Workers under 21 years of age and Male Learners per hour.

A Male Worker under 21 years of age, or a Male Learner, while employed on Piece-Work shall be entitled to receive Piece-Rates each of which would yield in the circumstances of the case to an ORDINARY worker similarly employed not less than the appropriate rate per hour shown in this section. In determining whether any piece-rate is sufficient to satisfy this condition, regard must be had. only to the earnings of ORDINARY workers, that is to say, workers 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 and infirm workers.

A Female Learner shall cease to be a Learner and shall be entitled to the full General Minimum Time Rate per hour shown in Section VII of this Part payable to Female Workers other than Learners upon the fulfilment of the following conditions:—

SECTION IX.—Piece-Work Basis Time-Rate for all Female Workers other than Knife Cutters or Blockers—

The appropriate full General Minimum Time-Rate per hour shown in Section VII of this Part.

PART III.

NORMAL WORKING HOURS.

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

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

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

PROVIDED THAT—

Overtime shall be payable where on any day the number of hours worked exceeds the normal number of hours for that day, notwithstanding that the number of hours worked in the week does not exceed the normal number of hours of work for the week.

SECTION II.—The Minimum Rates for Overtime to apply in respect of hours worked by a worker employed in any Branch of the Trade whether employed on Time-Work or in Piece-Work in excess of the Normal number of hours shall be as follows :—

(1) On any day other than the Short day :—

(i) For the first two hours of Overtime, One-and-a-quarter times the Minimum Rate otherwise applicable, i.e., Time-and-a-quarter.

(ii) For the second two hours of Overtime, One-and-a-Half times the Minimum Rate otherwise applicable, i.e. Time-and-a-Half.

(iii) For overtime after the first four hours of Overtime, twice the Minimum Rate otherwise applicable, i.e.. Double Time.

(2) On the Short Day, in respect of (A) that class of workers who customarily attend on six days a week :—

For all Overtime worked after the first four hours of work :—

(i) For the first two hours of Overtime—One-and-a-Half times the appropriate Minimum Rate otherwise applicable, i.e., Time-and-a Half.

(ii) For Overtime after the first two hours of overtime, twice the appropriate Minimum Rate otherwise applicable, i.e.. Double Time.

(3) On Saturday in respect of (B) that class of workers who customarily attend on five days a week:—

(i) For the first four hours of Overtime (that is to say for the first four hours worked on Saturday), One-and-a-half times the appropriate Minimum Rate otherwise applicable, i.e., Time-and-a-half.

(ii) For Overtime after the first four hours of Overtime, Twice the appropriate Minimum Rate otherwise applicable, i.e.. Double Time.

(4) On Sunday, and Customary Public or Statutory Holidays :—

For all time worked, Twice the appropriate Minimum Rate otherwise applicable,, i.e., Double Time.

(5) For all hours worked in any week in excess of the normal number of hours for the week, One-and-a-quarter times the appropriate Minimum Rate otherwise applicable, i.e., Time-and-a-quarter except in so far as higher Overtime Rates are payable under the provisions of any of the preceding paragraphs of this Section.

PART IV.

ANNUAL HOLIDAYS.

Workers in relation to whom the Committee operates shall be granted holidays in accordance with the provisions of the Holidays (Employees) Act, 1961 .

(a) A worker in relation to whom the Committee operates and who qualifies for annual leave under the Holidays (Employees) Act, 1961 , shall be granted 5 additional days annual leave.

(b) Payment in respect of additional annual leave shall be calculated in the same manner as payment in respect of annual leave under Section 10 of the Holidays (Employees) Act, 1961 .

(c) The expression "employment year" where used in this Part shall have the meaning ascribed to it in the Holidays (Employees) Act, 1961 .

(d) Additional Annual leave may be granted at such time as may be agreed between the worker and the employer.

PART V.

CONDITIONS GOVERNING LEARNERSHIP.

SECTION I.— A Male or Female 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 certificate, or has been registered in accordance with rules from time to time laid down by the Joint Labour Committee, or has made an application for such certificate or registration which, has been duly acknowledged and is still under consideration.

PROVIDED THAT—

(i) The Certification or registration of a Male or Female Learner shall become invalid if the other conditions of learnership are not complied with.

(ii) An employer may employ a Male or Female Learner on first employment in the Trade (as defined in Part VI of the Schedule) without a certificate or registration for a probationary period not exceeding four weeks, 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) 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 Tailoring Trade from a teacher whose qualification has been approved by the Department of Education and who is employed by a Statutory Technical Instruction Committee.

(iv) Such period of instruction in a Technical School shall not be regarded as being "first employment in the Trade" for the purpose of the provisions in (ii) above relative to employment without a certificate or registration during the Learner's probationary period.

(v) Any Female Worker who has previously been employed in any branch of the Trade as defined in Part VI of this Schedule, and has not been registered nor has held a certificate, and is subsequently taken on as a Learner, shall count the whole period of such previous employment for the purpose of claiming the Time-Rate at which she is to be paid.

(vi) 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 entering the Trade for the first time.

(vii) A Male Learner shall cease to be a Learner, and become entitled to the rate applicable to workers other than Learners, on attaining the age of 21, or, in the case of a worker who enters the Trade at or over the age of 20, on the attainment of the age of 21 and the completion of not less than one year's employment. Provided that no worker shall be entitled to the General Minimum Time-Rate applicable to any of the classes specified in Part I, Section I, or Part II, Section I of this Schedule until he has satisfied the conditions included in the definition of the class concerned.

(viii) Notwithstanding compliance with the conditions contained in this Part of the Schedule a person shall not be deemed to be a Learner if such person works in a room used for dwelling purposes, and is not in the employment of such worker's parent or guardian.

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

PART VI.

WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES.

SECTION I.—The Joint Labour Committee operates in relation to workers engaged in the Tailoring Trade as defined in the Schedule to the Establishment Order (Tailoring Joint Labour Committee) Amendment Order, 1953 ( S.I. No. 334 of 1953 ), i.e.

THE TAILORING TRADE—that is to say :—

(a) Men's and Boys' ready made and wholesale bespoke tailoring ;

(b) Men's and Boys' retail bespoke tailoring carried on in a factory where garments are made up for three or more retail establishments ;

(c) the making from any material of men's or boys' headgear ;

(d) the making from rubberised or oilskin material or material commonly called plastic of men's or women's, boys' or girls' outer garments excluding aprons, and

(e) the making from rubberised or oilskin material or material commonly called plastic of women's or girls' headgear where carried out in association with or in conjunction with the operation described at (d) of this Schedule.

INCLUDING—

(1) (a) the altering, repairing, renovating or remaking of men's or boys' tailored garments where carried out in association with or in conjunction with the above-mentioned branches of tailoring ;

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

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

(3) All processes of embroidery or decorative needlework where carried out in association with or in conjunction with the above-mentioned branches of tailoring.

(4) All warehousing, packing and other operations incidental to or appertaining to any of the above-mentioned branches of tailoring.

BUT EXCLUDING—

(1) The making of 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 destinction of sex.

(2) The making of knitted headgear and the making of headgear from knitted fabrics where carried out in association with or in conjunction with the manufacture of knitted fabrics.

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

(4) the making of chefs' caps and similar articles.

(5) The making of fur hats where made in association with or in conjunction with the manufacture of furs or furriers' skins into garments, rugs or similar articles.

(6) The making of headgear which—

(a) is for men or male children, and

(b) is made from materials which, at any stage in the making of the headgear, are felted on the premises in which the headgear is made.

BRANCHES.

SECTION II.—The Headgear Branch of the Trade is that Branch in which workers are employed in the making of men's or male children's headgear.

SECTION III.—The Clothing Branch of the Trade shall include all branches and operations not included in the Headgear Branch.

PART VII.

WAITING TIME.

Waiting Time to be paid for. A worker must be paid not less than the appropriate minimum piece-work basis time-rate in respect of all time during which he is present 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 his work and other than waiting for work to be given to him to perform ; or unless the worker was present (c) only by reason of the fact that he 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 employed on piece-work is deemed during "waiting time" to have been employed at the general minimum piece-work basis time-rate applicable.

PART VIII.

SERVICE PAY.

SECTION I.—Male Workers :

Workers engaged in any capacity designated in Section I (a toj) of Part I or in Section I (a toh) of Part II of this Schedule who have completed not less than 10 years' continuous adult employment with one employer shall be entitled to service pay as follows :—

(a) over 10 and under 15 years' employment—50p per week.

(b) over 15 and under 20 years' employment—75p per week.

(c) over 20 years' employment—£1·00 per week.

SECTION II.—Female Workers :

Workers engaged in any capacity designated in Section VI of Part I or in Section VI or VII of Part II of this Schedule who have completed not less than 10 years' continuous adult employment with one employer shall be entitled to service pay as follows :—

(a) over 10 and under 15 years' employment—33p per week.

(b) over 15 and under 20 years' employment—50p per week.

(c) over 20 years' employment—67p per week.

SECTION III.—Continuity of Service :

(a) Where the employment of a worker is interrupted by reason of (a) certified illness or (b) the temporary cessation of work due to any temporary cause not due to the workers' act or default which does not exceed 60 days' duration he shall be deemed to have been in continuous employment for the purpose of determining the service pay entitlements.

(b) For the purposes of this Section a worker may be required to undergo a medical examination by a doctor nominated by his employer.

GIVEN under the Official Seal of the Court this 19th day of

December, 1972.

(Signed) D. Mac DIARMADA,

A person authorised under Section 18 of Industrial

Relations Act, 1946, to authenticate the Seal of the Court.

EXPLANATORY NOTE.

This Instrument fixes new statutory minimum rates of pay and regulates statutory conditions of employment as from the 20th December, 1972, for workers employed in the Tailoring Trade. It is made by the Labour Court on the recommendation of the Tailoring Joint Labour Committee.