S.I. No. 318/1974 - Employment Regulation Order (Messengers) (Waterford City) Joint Labour Committee 1974

S.I. No. 318 of 1974.

EMPLOYMENT REGULATION ORDER (MESSENGERS) (WATERFORD CITY) 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 an Employment Regulation Order dated the 1st August, 1973 ( S.I. No. 229 of 1973 hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the statutory conditions of employment of workers in relation to whom the Messengers (Waterford City) 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 Employment Regulation Order (Messengers) (Waterford City) 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 the 1st November 1974 and as from that date the said Order shall be revoked.

SCHEDULE.

Workers to whom this Schedule applies.

Workers fourteen years of age and upwards but under nineteen years of age who are engaged wholly or mainly in the collection or delivery of goods or messages outside the employer's place of business and who are employed by persons whose place of business is situated in the area of the County Borough of Waterford.

EXCLUDING:

( a ) Workers who are engaged as drivers of mechanically propelled or animal-drawn vehicles;

( b ) Workers to whom an Employment Regulation Order giving effect to proposals submitted by another Joint Labour Committee for the time being applies;

( c ) Workers to whom a Registered Employment Agreement for the time being applies.

SECTION 2.

Full-Time Workers.

In any week in which a worker works for thirty hours or more, he shall be paid a weekly wage not less than the rate shown in the following table as appropriate to his age:—

Age of Worker	Minimum Weekly Rate
	£
under 15 years	10.33
15 years but " 16 "	11.72
16 " " " 17 "	13.58
17 " " " 18 "	15.74
18 " " " 19 "	17.07

SECTION 3.

Part-Time Workers.

In any week in which a worker works for less than thirty hours, he shall be paid an hourly wage not less than the rate shown in the following table as appropriate to his age and he shall be paid a minimum of three hours' wages at such rate in respect of each day on which he works:—

Age of Worker	Minimum Hourly Rate
	Pence
under 15 years	33.19
15 years but " 16 "	37.70
16 " " " 17 "	44.83
17 " " " 18 "	51.12
18 " " " 19 "	55.18

SECTION 4.

Normal Number of Hours of Work and Overtime.

The normal number of hours of work per week shall be 40.

On four days in each week, not exceeding	8 hours per day
On one day in each week, not exceeding	9 hours per day
On the short day in each week, not exceeding	5 hours per day

Any time worked in excess of the normal number of hours shall be overtime and shall be paid for at overtime rates. Except in the Christmas period, a worker shall not be permitted to work.

( a ) after 2 p.m. on one day of the week;

( b ) after 8 p.m. on any three other days of the week;

( c ) after 6 p.m. on any of the other days of the week.

SECTION 5.

Christmas period—Special Provisions.

(1) The "Christmas period" means the period beginning on 11th December and ending on 24th December.

(2) During the Christmas period a worker may work not more than 10 hours in excess of the permitted or normal hours or work, provided that:—

( a ) he shall be paid at overtime rates for all such excess time;

( b ) he shall not be permitted to work after 10 p.m. on any day.

SECTION 6.

Overtime Rates and Rates for Sundays and Public Holidays.

(1) The minimum rate for overtime as defined in Section 4 shall be as follows:—

( a ) For the first two hours of overtime on any day one-and-a-quarter times the rate otherwise applicable, i.e. time-and-a-quarter.

( b ) For all overtime in excess of the first two hours on any day, one-and-a-half times the rate otherwise applicable, i.e. time-and-a-half.

(2) The minimum rate for all hours worked on Sundays and customary Public or Statutory Holidays shall be twice the rate otherwise applicable, i.e. double time.

(3) For the purposes of this Section "the rate otherwise applicable" means:—

( a ) In the case of a worker who qualified for payment under Section 2, the appropriate weekly rate set out in Section 2 divided by 40.

( b ) In the case of a worker who qualified for payment under Section 3, the appropriate hourly rate set out in Section 3.

SECTION 7.

Meal Intervals.

(1) A worker shall not be permitted to work for a longer period than five hours without being allowed a meal interval of not less than half an hour's duration.

(2) If a worker is required to work before noon and after 2 p.m. on any day he shall be allowed a meal interval of not less than one hour's duration beginning between those hours.

(3) If a worker is required to work before 5 p.m. and after 7 p.m. he shall be allowed a meal interval of not less than an hour's duration beginning between those hours.

SECTION 8.

Annual Holidays.

Workers who qualify for annual leave under Section 10 of the Holiday (Employees) Act, 1961, shall be granted fourteen consecutive whole holidays including two Sundays.

SECTION 9.

Protective Clothing.

(1) It shall be the duty of the employer to provide protective clothing such as capes, pull-ups and souwesters for workers employed by him.

(2) It shall be the duty of workers to take reasonable care of the protective clothing provided.

SECTION 10.

Use, Maintenance and Care of Vehicles.

(1) The employer shall ensure that a vehicle to be used by a worker is maintained in good mechanical order;

(2) The worker shall take proper care of any vehicle used by him and shall bring to the notice of the employer any defect of which he becomes aware;

(3) The employer shall not require the worker to carry excessive loads on such vehicle nor to load in such a manner as to obstruct the view of the worker or his control of the vehicle.

SECTION 11.

Deductions for absences.

If a worker absents himself from work without leave for any day or portion of a day without reasonable cause, the employer shall have a right to deduct from the worker's remuneration a sum equivalent to the pay for such time so missed on a basis pro rata to the worker's normal working week.

Given under the Official Seal of the Labour Court this 31st day of

October 1974.

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 new statutory minimum rates of pay and regulates conditions of employment as from the 1st November 1974 for Messengers employed in Waterford City. It is made by the Labour Court on the recommendation of Messengers (Waterford City) Joint Labour Committee.