S.I. No. 273/1977 - Employment Regulation Order (Hotels Joint Labour Committee) 1977.


S.I. No. 273 of 1977.

EMPLOYMENT REGULATION ORDER (HOTELS 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 Employment Regulation Orders dated 26th February, 1975 ( S.I. No. 38 of 1975 ) and 23rd June, 1976 ( S.I. No. 133 of 1976 ) (hereinafter called "the said Orders") 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 revoking the said Orders:

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 (Hotels 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 29th August, 1977 and as from that date the said Orders shall be revoked.

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 Dun 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 II.

STATUTORY MINIMUM RATES OF REMUNERATION PER WEEK.

SECTION I.—NON-TIPPING ZONE.

With Full Board and Lodging

With Board only

Without Board or Lodging

Cooks

£

£

£

1st year .. .. .. ..

10·22

13·33

17·84

2nd" .. .. .. ..

13·79

16·90

21·41

3rd,, .. .. .. ..

17·79

20·92

25·43

4th" .. .. .. ..

24·48

27·61

32·12

Trained .. .. .. .. ..

36·97 (a)

40·10 (a)

44·61 (a)

28·49 (b)

31·62 (b)

36·13 (b)

( a ) This rate is for a cook who has completed 4 years training with C.E.R.T and has passed a qualifying examination.

( b ) This rate is for a C.E.R.T. trained cook who does not hold a certificate but over a period of time could be moved up to grade (a) Cook.

( c ) No worker shall suffer a reduction in status or remuneration.

SECTION I.—.NON-TIPPING ZONE

With Full Board and Lodging

With Board only

Without Board or Lodging

£

General Workers

Under 18 years of age .. .. ..

16·15

19·28

23·79

18 to 19 " " " .. .. ..

23·44

26·57

31·08

19 to 20 " " " .. .. ..

24·21

27·34

31·85

20 and over .. .. .. ..

30·74*

33·87*

38·38*

*This top rate applies to a worker able and willing, as required to perform all the general work of a hotel, not covered in the other job descriptions herein, as part of normal duties.

SECTION II.—TIPPING ZONE.

With Full Board and Lodging

With Board only

Without Board or Lodging

Guaranteed Gratuities

£

£

£

£

Waiter/Waitress

1st year

11·38

14·51

19·02

1·15

2nd year

15·12

18·25

22·76

2·25

3rd year

17·15

20·28

24·79

3·95

4th year and over

26·33*

29·46*

33·97*

5·65*

*(i) Existing workers who have already completed 3 years service shall be immediately entitled to the top rate on passing an assessment by an independent authority, approved by the J.L.C., of their ability to perform the full range of duties applicable to a trained Waiter/Waitress.

(ii) Those existing workers who have already completed 5 years service who do not offer themselves or pass this assessment shall proceed to the top rate in 2 equal phases—the first phase 6 months from the date of the E.R.O. or the date on which they started their 4 years, whichever is the earlier and the 2nd phase 6 months later.

(iii) Workers who have satisfactorily completed their 5th year shall be deemed to have passed the assessment.

(iv) No worker shall suffer a reduction in status or remuneration.

With Full Board and Lodging

With Board only

Without Board or Lodging

Guaranteed Gratuities

£

£

£

£

Barman/ Barmaid

1st year .. ..

13·85

16·98

21·49

1·15

2nd ,, .... .. ..

19·61

22·74

27·25

1·70

3rd ,, .. .. ..

23·83

26·96

31·47

2·25

4th ,, and over ..

30·74*

33·87*

38·38*

2·85*

*(i) Existing workers who have already completed 3 years service shall be immediately entitled to the top rate on passing an assessment by an independent authority, approved by the J.L.C., of their ability to perform the full range of duties applicable to a trained Barman/Barmaid.

(ii) Those existing workers who have already completed 5 years service who do not offer themselves or pass this assessment shall proceed to the top rate in 2 equal phases—the first phase 6 months from the date of the E.R.O. or the date on which they started their 4th year of service whichever is the earlier and the 2nd phase 6 months later.

(iii) Workers who have satisfactorily completed their 5th year of service shall be deemed to have passed the assessment.

(iv) No Worker shall suffer a reduction in status or remuneration.

SECTION II.—TIPPING ZONE.

With Full Board and Lodging

With Board only

Without Board or Lodging

Guaranteed Gratuities

£

£

£

£

House Assistant

1st year .. ..

12·16

15·29

19·80

1·15

2nd ,, .. .. ..

17·69

20·82

25·33

2·25

3rd ,, and over ..

21·48

24·61

29·12

3·40

Porter

1st year .. ..

11·04

14·17

18·68

2·25

2nd,, .. .. ..

16·14

19·27

23·78

3·40

3rd ,, .. .. ..

19·54

22·67

27·18

4·50

4th ,, and over ..

26·33

29·46

33·97

5·65

Page .. .. ..

13·80

17·13

21·44

1·70

Provided that:

Porters who commence employment at 19 years of age shall start at the 2nd year rate.

Porters who commence employment at 20 years of age shall start at the 3rd year rate.

Porters who commence employment at 21 years of age or over shall be paid full rate.

"Guaranteed Gratuities" means the minimum sum to be received by a worker from this source in each full week; where the worker receives less than this sum directly the employer shall make good the deficiency.

SECTION III.—Persons appointed to the following posts by management shall be paid the minimum differential over the standard rates as indicated:—

Minimum Differential

£

Post

Head Cook

7·20

2nd Head Cook

4·60

Head Waiter/Waitress

5·65

2nd Head Waiter/Waitress

4·10

Head Porter

5·65

2nd Head Porter

4·10

Head House Assistant

5·05

2nd Head House Assistant

3·35

Head Barman/Barmaid

5·15

2nd Head Barman/Barmaid

3·60

PART III.

STATUTORY CONDITIONS OF EMPLOYMENT.

SECTION I—NORMAL WORKING HOURS.

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

2. The 86 hour fortnight (season) and 84 hour fortnight (off season) for workers over 16 years of age shall be reduced to an 80 hour fortnight as follows:—

86 hour fortnight

3 hour reduction per week from 1st November 1977.

84 hour fortnight

2 hour reduction per week from 1st November, 1977.

3. The 82 hour fortnight for workers under 16 years of age shall be reduced to an hours fortnight as follows:—

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 o his annual leave, or

( c ) payment for the day equivalent to twicethe 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.

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 workers norma finishing time each night and starting time next morning.

6. Breaks

No worker shall be required to work continuously for more than 4½ 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 24th day of August, 1977.

(Signed) JAMES G. McCAULEY.

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 29th August, 1977 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.