S.I. No. 265/1978 - Employment Regulation Order (Tailoring Joint Labour Committee) 1978.


S.I. No. 265 of 1978.

EMPLOYMENT REGULATION ORDER (TAILORING JOINT LABOUR COMMITTEE) 1978.

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 6th June, 1977 S.I. No. 163 of 1977 (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) 1978.

(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 25th September, 1978 and as from that date the said Order shall be revoked.

SCHEDULE.

PART I.

CLOTHING BRANCH.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME RATES FOR WORKERS EMPLOYED IN JOB CLASSES REPRESENTED BELOW, OR IN JOBS EQUAL IN SKILL, EFFORT AND RESPONSIBILITY TO JOBS REPRESENTED BELOW, SUBJECT TO THE PROVISIONS OF THE EQUAL PAY ACT.

SECTION 1.—GENERAL MINIMUM TIME-RATES

£ per week from

Date of Order

20/2/79

JOB CLASS 1: MEASURE CUTTER.

A Measure Cutter is a person who is employed in any process of Measure Cutting, is capable of taking a complete set of measures, and of cutting any garment for a male person from model patterns.

£53·30

£54·36

FINAL INSPECTOR.

A Final Inspector is a person who is employed in examining garments upon their completion as the final inspection of the garment before despatch from the premises or rejection as unsuitable for despatch.

JOB CLASS 2: STOCK CUTTER OR KNIFE CUTTER.

A Stock Cutter is a person who is employed in:

£51·85

£52·89

(i) Marking-in or Laying-up or cutting cloth or linings or other materials, or

(ii) Dividing: that is, the process ordinarily carried on by Cutters or their Assistants of dividing, parting or separating the parts of garments after being cut, and of assembling them into suitable bundles for making up.

KNIFE CUTTER.

A Knife Cutter is a person who is wholly or mianly employed on Band, Electric or Hand-Knife processing.

TAILOR.

A Tailor is a person who is employed in sewing by hand in the process of making a garment or portion of a garment.

FITTER-UP.

£51·85

£52·89

A Fitter-Up is a person who is employed in preparing or fitting accurately the various parts of the garment before being basted, sewn or machined, such work being always done by shears or knives or other cutting appliances.

PRESSER

A Presser is a person who is employed in pressing by hand or by machine where the work requires judgement and skill to ensure required quality standards

WATERPROOF MAKER

A Waterproof Maker is a person who is employed in the process of making by hand a waterproof garment or portion of a garment.

JOB CLASS 3: IN-LINE PASSER.

£50·33

£51·33

An In-Line Passer is a person who is employed in examining garments in the process of being made up and who has been employed for not less than two years as a Learner.

JOB CLASS 4: WAREHOUSE WORKER.

£50·50

£51·51

A Warehouse Worker is a person employed wholly or mainly on the following operations, viz. the assembling, keeping, storing and distributing of stock (excluding such operations included in the definition of a Packer or General Worker as defined in this Section) and who has been so employed for not less than two years, as a Learner or has reached the age of 21.

GENERAL WORKERS.

£50·50

£51·51

Are persons performing operations requiring levels of flexibility and/or experience in excess of Job Class 6.

JOB CLASS 5.—PACKER.

£49·98

£50·98

A Packer is a person employed wholly or mainly in the operation of packing goods and materials (excluding such operations included in the definition of General Worker or Warehouse Worker as defined in this Section) and who has been so employed for not less than two years, as a learner or has reached the age of 21 years.

JOB CLASS 6: MACHINIST.

£39·70

£40·49

A Machinist is a person who operates a sewing machine or automatic or semi-automatic ancillary machine in the process of making or finishing a garment.

All operations not covered by Job Classes 1, 2, 3, 4, 5 and 6.

LEARNERS.

(i) For 1st six months of Learnership

For 2nd six months of Learnership

For 3rd six months of Learnership or at 20 years of age or over

For 4th six months of Learnership

£14·45

£18·06

£23·90

£30·57

£14·74

£18·42

£24·38

£31·18

(ii) On completion of two years' Learnership a person may be appointed to a job in Job Class 1, 2, 3, 4, 5 or 6 and shall be entitled to the general minimum time-rate appropriate to that Job Class.

SECTION II.— PIECE-WORK BASIS TIME-RATE FOR ALL WORKERS.

Workers, including Learners, when employed on Piece-Work for which no General Minimum Piece-Rate has been fixed by the Committee, shall be paid for each operation on which so employed a Piece-Rate not less than that which would yield in the circumstances of the case to an ordinary worker at least the equivalent of the rate applicable to the relevant Job Class.

PART II.

HATMAKING BRANCH.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATES FOR WORKERS EMPLOYED IN JOB CLASSES REPRESENTED BELOW, OR IN JOBS EQUAL IN SKILL, EFFORT AND RESPONSIBILITY TO JOBS REPRESENTED BELOW, SUBJECT TO THE PROVISIONS OF THE EQUAL PAY ACT.

SECTION 1.—GENERAL MINIMUM TIME-RATES —continued.

£ per week from

Date of Order

20/2/79

JOB CLASS I: CUTTER (other than Lining Cutter)

A Cutter is a person employed in marking in and cutting, using electric machine, band knife, shears or hand knife on any material other than linings, interlinings, or any other trimmings.

£50·04

£51·04

BLOCKER.

A Blocker is a person employed in pulling-on and blocking hats or caps by hand iron or steam, or by hydraulic machine, and in making shapes by the French gas block.

JOB CLASS 2: LINING CUTTER

£49·53

£50·52

A Lining Cutter is a person employed in cutting linings and interlinings or in marking-out, laying or hooking up.

WAREHOUSE WORKER.

£49·53

£50·52

A Warehouse Worker is a person employed wholly or mainly on the following operations, viz., the assembling, keeping, storing and distributing of stock (excluding such operations included in the definition of a Packer or General Worker as defined in this Section) and who has been so employed for not less than two years, or has reached the age of 21 years.

JOB CLASS 3: PACKER.

£49·05

£50·03

A Packer is a person employed wholly or mainly upon the operation of packing goods and materials (excluding such operations included in the definition of General Worker or Warehouse Worker as defined in this Section) and who has been so employed for not less than two years, or has reached the age of 21 years.

JOB CLASS 4: GENERAL WORKER.

£48·52

£49·49

A General Worker is a person performing operations requiring levels of flexibility and experience in excess of Job Class 5.

JOB CLASS 5: ALL OPERATIONS NOT LISTED IN JOB CLASSES 1, 2, 3 and 4.

£39.03

£39.81

LEARNERS:

(i) For 1st six months of Learnership

For 2nd six months of Learnership

For 3rd six months of Learnership or at 20 years of or over

For 4th six months of Learnership

£17·91

£20·67

£23·68

£27·32

£18·26

£21·08

£24·15

£27·87

(ii) On completion of two years

Learnership a person may be appointed to a job in Job Class 1, 2, 3, 4 or 5 and shall be entitled to the general minimum time rate appropriate to that Job Class.

SECTION II—PIECE-WORK BASIS TIME-RATE FOR ALL WORKERS.

Workers, including Learners, when employed on Piece-Work for which no General Minimum Piece-Rate has been fixed by the Committee, shall be paid for each operation on which so employed a Piece-Rate not less than that which would yield in the circumstances of the case to an ordinary worker at least the equivalent of the rate applicable to the relevant Job Class.

PART III.

SECTION I.—NORMAL WORKING HOURS.

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

Workers over 16 years of age:

Normal Hours

In any week

40

On any day other than the short day not exceeding

8

On the short day not exceeding

4

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

For Workers of 18 years and over

For Workers whose age is less than 18 and over over 16 years

In any week

40

40

Monday to Thursday (inclusive) not exceeding

9

8

On Friday not exceeding

8

8

Workers over 16 years and under 18 years: the maximum number of hours which may be worked shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 .

Workers between 15 and 16 years of age

Normal

Hours

Maximum

Hours

In any week not exceeding

37½

40

On any day not exceeding

8

8

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.—OVERTIME RATES.

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 on Piece-Work in excess of the normal number of hours shall be as follows:

(1) On any day other than Sundays and Public Holidays.

(i) For the first four hours of overtime one and a half times the minimum rate otherwise applicable i.e. time-and-a-half.

(ii) For overtime after the first four hours of overtime twice the minimum rate otherwise applicable i.e. double time.

(2) On Sunday—Twice the minimum rate otherwise applicable i.e. double time.

(3) On Customary or Statutory Public Holidays. Twice the minimum rate otherwise applicable i.e. double time plus a day in lieu or treble time.

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, 1973 .

PART V.

CONDITIONS GOVERNING LEARNERSHIP.

SECTION I.—A 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 Learner shall become invalid if the other conditions of Learnership are not complied with.

(ii) An employer may employ a Learner on first employment in the Trade (as defined in Part VI of the Schedule) without a certificate of 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 of registration during the Learner's probationary period.

(v) Any 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 appropriate Time-Rate.

(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 permissable in the case of a person of the same age entering the Trade for the first time.

(vii) Notwithstanding compliance with the conditions contained in that 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.

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 Boy's 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 boy's 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 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 distinction 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 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.—Workers engaged in any capacity designated in Part I and Part II of this Schedule who have completed not less than 5 years' continuous employment with one employer shall be entitled to service pay as follows:

Over

5 years and under

10 years employment

50p per week.

"

10 " " "

15 "   ''

£1 "  "

"

15 " " "

20 "   "

£1·50 " "

"

20 years employment

£2  " "

SECTION II.—Continuity of Service.

(i) Continuity of service will be deemed not to be interrupted by

( a ) certified illness, or

( b ) the temporary cessation of work due to any temporary cause not due to the worker's act or default which does not exceed 60 days duration.

(ii) For the purpose 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 Labour Court this 20th day

of September, 1978.

(Signed) COLM COYNE.

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 statutory conditions of employment as from the 25th September, 1978 for workers employed in the Tailoring Trade. It is made by the Labour Court on the recommendation of the Tailoring Joint Labour Committee.