S.I. No. 27/1977 - Employment Regulation Order (Hairdressing Joint Labour Committee), 1977.

S.I. No. 27 of 1977.

EMPLOYMENT REGULATION ORDER (HAIRDRESSING JOINT LABOUR COMMITTEE), 1977.

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 17th November, 1975 ( S.I. No. 264 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 Hairdressing 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 (Hairdressing Joint Labour Committee), 1977.

(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 14th day of February, 1977 and as from that date the said Order shall be revoked.

SCHEDULE.

PART I.

Workers to whom this Schedule applies.

1. Workers employed in the County and County Borough of Dublin, the Borough of Dún Laoghaire and the Urban District of Bray in a hairdressing undertaking including hairdressers, apprentice hairdressers, beauticians and manicurists.

2. In this Schedule "hairdressing undertaking" means an undertaking or any part of an undertaking which is wholly or mainly engaged in hairdressing including operations incidental or ancillary thereto.

3. In this Schedule "hairdressing" includes the following operation performed on hair growing on the head, face or neck of a male or female person, that is to say, lathering, shaving, cutting, singeing, shampooing, waving, setting, dressing, tinting, dyeing, bleaching or similar operations.

4. In this Schedule "hairdresser" means a person who is employed on any of the operations of hairdressing set out herein and (a) who has completed the period of apprenticeship prescribed in Part III, Section 1 hereof or (b) who, in the opinion of the Hairdressing Joint Labour Committee, has otherwise qualified as a hairdresser.

5. In this Schedule, "Apprentice" means a male or female worker who is employed on any of the operations of hairdressing set out herein and (a) who (i) has not completed the period of apprenticeship prescribed in Part III, Section 1 hereof and (ii) has received a certificate of registration as an apprentice from the Hairdressing Joint Labour Committee or in respect of whom an application for such certificate has been made and has been duly acknowledged and is still under consideration, or (b) who in the opinion of the Committee has not otherwise qualified as a hairdresser.

6. In this Schedule "Beautician" means "a worker who is wholly or mainly engaged in the process of beauty culture".

7. In this Schedule "Manicurist" means "a worker who is wholly or mainly engaged in manicuring".

PART II.

Statutory Minimum Remuneration and Conditions of Employment.

SECTION 1—Rates of Remuneration.

Payment of hairdressers other than apprentices shall consist of a basic wage plus commission on takings. Where a basic rate plus commission is paid a record of each worker's takings shall be kept by the employer and shall be made available to the worker for the purpose of verifying the amount of commission due to him or her each week.

For any period other than those mentioned above payment shall be made at the daily rate £7.33 per day. For the purpose of this paragraph the term "takings" shall mean all takings other than those on sales of proprietary goods.

Note: Where operatives are employed in both Ladies' and Gentlemen's Hairdressing the rates in paragraph (b) shall apply.

SECTION 2—Hours of Work.

(a) The normal number of hours to be worked in any week shall be 40 hours.

(b) The normal number of hours to be worked on any day shall be 8 hours.

(c) Overtime to be paid as follows:

Weekly Overtime to be paid at the rate of time-and-a-half to workers whose normal week is 40 hours, for time worked in excess of 40 hours in any week.

Daily Overtime to be paid at the rate of time-and-a-half to workers whose normal working week is less than 40 hours, for time worked in excess of 8 hours in any day.

SECTION 3—Annual Holidays.

(a) Holidays shall be in accordance with the Holidays (Employees) Act, 1973 .

(b) Payment in respect of annual leave shall be calculated in accordance with Section 6 (3) (b) of the Holidays (Employees) Act, 1973 .

PART III.

Conditions Governing Apprenticeship.

SECTION 1—Period of Apprenticeship.

The period of employment by way of apprenticeship shall be 4 years commencing on the date on which the worker is first employed:

Provided that—

(a) An employer may employ an apprentice on his or her first employment for a probationary period not exceeding one month without a Certificate of Registration but in the event of such apprentice being continued thereafter in employment the probationary period shall be included in the period of apprenticeship.

(b) Where an apprentice is, through illness, continuously absent from employment for a period in excess of one month, the appropriate year of his or her employment by way of apprenticeship may be extended by a period equal to such excess period at the discretion of the Hairdressing Joint Labour Committee.

SECTION 2—Number of Apprentices.

(a) Ladies' Hairdressing

The number of apprentices employed shall not exceed one apprentice to every one hairdresser employed.

(b) Gentlemen's Hairdressing

The number of apprentices employed shall not exceed one apprentice to the first one or two hairdressers employed and thereafter one additional apprentice to every two hairdressers employed in excess of the first two.

SECTION 3—Registration.

(i) An employer who wishes to employ a worker as an apprentice must apply to the Hairdressing Joint Labour Committee for the registration of the worker. Application must be made even though the worker was previously registered as an apprentice in the trade. The Committee shall in due course issue a certificate of Registration to the said employer.

(ii) The employer shall safely keep the Certificate of Registration and shall produce it on request to an Inspector duly appointed by the Minister for Labour under Part IV of the Industrial Relations Act, 1946 , or to the Committee. He shall also surrender it to the apprentice when leaving his employment and shall enter on it the date of termination of employment.

GIVEN under the Official Seal of the Labour Court this 8th day of February, 1977.

D. MacDIARMADA.

A person authorised under Section 18 of the Industrial Relations Act,

1946, to authenticate the Seal of the Court.

EXPLANATORY NOTE.

This Instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 14th February, 1977 for workers employed in the Hairdressing Trade in the County and Borough of Dublin, the Borough of Dún Laoghaire and the Urban District of Bray. It is made by the Labour Court on the recommendation of the Hairdressing Joint Labour Committee.