S.I. No. 133/1976 - Employment Regulation Order (Hotels Joint Labour Committee), 1976.

S.I. No. 133 of 1976.

EMPLOYMENT REGULATION ORDER (HOTELS JOINT LABOUR COMMITTEE), 1976.

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 26th February, 1975 ( S.I. No. 38 of 1975 ) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the statutory conditions of employment of workers in relation to whom the Hotels Joint Labour Committee (hereinafter called "the Committee") operates;

AND WHEREAS the Committee has submitted to the Court a proposal for amending the said Order;

AND WHEREAS the Committee has also submitted to the Court the proposals set out in the Schedule hereto for 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 (Hotels Joint Labour Committee), 1976.

(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 28th June 1976 and as from that date the said Order shall be amended.

SCHEDULE.

PART I.

Workers to whom this Schedule applies

1. Workers employed in a hotel undertaking anywhere throughout the State except the County Boroughs of Dublin and Cork and the Borough of Dún Laoghaire by the person carrying on that undertaking and who are engaged in any of the following work, that is to say:—

( a ) the preparation of food or drink;

( b ) the service of food or drink;

( c ) the provision of living accommodation;

( d ) the retail sale of goods;

( e ) work incidental to (a), (b), (c) or (d);

( f ) work performed at any office or at any store or warehouse or similar place;

BUT EXCLUDING

(i) Managers, assistant managers and trainee managers, receptionists, head clerks, head storemen and housekeepers.

(ii) Workers affected by a Registered Employment Agreement.

2. In this Schedule "hotel" means either:—

( a ) a premises registered in the register of hotels under the provisions of the Tourist Traffic Acts, 1939 to 1957,

or

( b ) a premises licensed under the Licensing Acts 1833 to 1962 and having not less than 10 apartments normally available for the sleeping accommodation of travellers.

PART III.

Statutory Conditions of Employment

SECTION I—Normal Working Hours

1. The normal working fortnight shall be any 10 days.

2. The 96 hour fortnight (season) and 92 hour fortnight (off season) for workers over 16 years of age shall be reduced to an 80 hour fortnight phased-in as follows:—

96 hour fortnight

2 hour reduction per week from date of Order

3 hour reduction per week from 1st December 1976

3 hour reduction per week from 1st November 1977

92 hour fortnight

2 hour reduction per week from date of Order

2 hour reduction per week from 1st December 1976

2 hour reduction per week from 1st November 1977

3. The 86 hour fortnight for workers under 16 years of age shall be reduced to an 80 hours fortnight phased-in as follows:—

1 hour reduction per week from date of Order

1 hour reduction per week from 1st December 1976

1 hour reduction per week from 1st November 1977

SECTION II—Holidays

1. Workers shall be granted holidays in accordance with the provisions of the Holidays (Employees) Act, 1973 . These provisions include 21 whole holidays including 3 Sundays. The Act also provides entitlement to seven Public Holidays as follows:—Christmas Day, St. Stephen's Day, New Year's Day, St. Patrick's Day, Easter Monday, June Holiday and the First Monday in August.

Where a worker is required to work on a Public Holiday, he must be given either—

( a ) a day off in lieu with pay within a month, or

( b ) an additional day with pay added to his annual leave, or

( c ) payment for the day equivalent to twice the amount of a full day's pay.

2. Six weeks' notice of intention to allow annual leave shall be given by employers to their workers.

3. Where a worker has worked on any Public Holidays throughout the year, the days off in lieu may be taken consecutively and added to the worker's three weeks' annual leave.

SECTION III—Other Conditions of Employment

Overtime

1. Hourly rates during the phasing-in shall be calculated on the basis of the normal hours at each stage of the phasing.

2. A worker rostered to work night duty, which is not overtime, shall be compensated by the payment of an allowance equivalent to 20% of his basic pay.

3. Sunday Work

(i) Work performed on Sunday shall be paid for at the rate of double time;

(ii) Where a worker is required to work Sunday duty on a day which in normal circumstances he would have been off duty such work shall be paid for at the rate of double time.

4. Finishing Time

(i) Workers shall be entitled each week throughout the year to either one early finishing night at 7 p.m. or two at 8.30 p.m.

(ii) Permanent workers under 16 years of age shall not be required to work later than 10 p.m. on any night.

(iii) Casual workers under 16 years of age shall not be required to work later than 11 p.m. on any night.

5. Spreadover Duty

(i) The maximum period for spreadover duty shall not exceed 14 hours in any day.

(ii) A minimum period of 8 hours shall elapse between a worker's normal finishing time each night and starting time next morning.

6. Breaks

No worker shall be required to work continuously for more than 41½ hours without a break of at least 15 minutes.

7. Lifting Excessive Weights

Workers under 18 years of age shall be employed on suitable light work.

8. Certificate of Service

Each worker shall be entitled to receive from his employer on termination of his employment a certificate of service showing the period for which he was employed and the standing of his employment at the date of termination.

GIVEN under the Official Seal of the Labour Court this

23rd day of June, 1976.

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 regulates statutory conditions of employment as from 28th June 1976 for workers employed in a hotel undertaking anywhere throughout the State except the County Boroughs of Dublin and Cork and the Borough of Dun Laoghaire. It is made by the Labour Court on the recommendation of the Hotels Joint Labour Committee.