S.I. No. 146/1981 - Employment Regulation Order (Hotels Joint Labour Committee) 1981.

S.I. No. 146 of 1981.

EMPLOYMENT REGULATION ORDER (HOTELS JOINT LABOUR COMMITTEE) 1981.

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 12th June, 1980 ( S.I. No. 179 of 1980 ) (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 the revoking of 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 (Hotels Joint Labour Committee), 1981.

(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 20th April, 1981 and as from that date the said Order shall be revoked.

Note: Enquiries should be directed to the Joint Labour Committees Section, The Labour Court, Davitt House, Mespil Road, Dublin 4 (Phone 765861 Extension Nos. 169 and 182).

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 persons 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;

(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, 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,

(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.

STATUTORY MINIMUM RATES OF REMUNERATION

PER WEEK

SECTION I — NON-TIPPING ZONE	With full Board and Lodging		With Board only		Without Board or Lodging
From Date of Order	From 16/12/81	From Date of Order	From 16/12/81	From Date of Order	From 16/12/81
Cooks:	£	£	£	£	£	£
1st year	15.18	16.25	22.45	24.03	32.90	35.21
2nd year	20.84	22.30	28.11	30.08	38.56	41.26
3rd year	27.21	29.11	34.48	36.89	44.93	48.07
4th year	38.27	40.94	45.54	48.72	55.99	59.90
Trained	60.08 (a)	64.28 (a)	67.35 (a)	72.06 (a)	77.80 (a)	83.24 (a)
	45.27 (b)	48.43 (b)	52.54 (b)	56.21 (b)	62.99 (b)	67.39 (b)

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

(b) This rate is for a CERT trained cook who does not hold a certificate but over a period of time could be moved up to a grade A cook.

STATUTORY MINIMUM RATES OF REMUNERATION

PER WEEK

SECTION I — NON-TIPPING ZONE	With full Board and Lodging		With Board only		Without Board or Lodging
From Date of Order	From 16/12/81	From Date of Order	From 16/12/81	From Date of Order	From 16/12/81
General Workers:	£	£	£	£	£	£
Under 18 years of age	25.98	27.79	33.25	35.57	43.70	46.75
18 to 19 years of age	38.31	40.99	45.58	48.77	56.03	59.95
19 to 20 years of age	39.68	42.46	46.95	50.24	57.40	61.42
20 and over	51.46*	55.06*	58.73*	62.84*	69.18*	74.02*

*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

SECTION II — TIPPING ZONE	With Full Board and Lodging		With Board only		Without Board or Lodging		Guaranteed Gratuities
From Date of Order	From 16/12/81	From Date of Order	From 16/12/81	From Date of Order	From 16/12/81	From Date of Order	From 16/12/81
Waiter/Waitress:	£	£	£	£	£	£	£	£
1st year	19.21	20.54	26.48	28.32	36.93	39.50	2.05	2.19
2nd year	25.52	27.30	32.79	35.08	43.24	46.26	4.10	4.39
3rd year	28.96	30.98	36.23	38.76	46.68	49.94	7.18	7.68
4th year and over	45.42*	48.59*	52.69*	56.37*	63.14*	67.55*	10.27*	10.98*

*(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 JLC, 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 ERO 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.

SECTION II — TIPPING ZONE	With Full Board and Lodging		With Board only		Without Board or Lodging		Guaranteed Gratuities
From Date of Order	From 16/12/81	From Date of Order	From 16/12/81	From Date of Order	From 16/12/81	From Date of Order	From 16/12/81
Barman/Barmaid:	£	£	£	£	£	£	£	£
1st year	22.21	23.77	29.48	31.55	39.93	42.73	2.05	2.19
2nd year	31.65	33.86	38.92	41.64	49.37	52.82	3.08	3.29
3rd year	38.99	41.72	46.26	49.50	56.71	60.68	4.10	4.39
4th year and over	51.46*	55.06*	58.73*	62.84*	69.18*	74.02*	5.13*	5.49*

(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 ERO 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 III — TIPPING ZONE	With Full Board and Lodging		With Board only		Without Board or Lodging		Guaranteed Gratuities
From Date of Order	From 16/12/81	From Date of Order	From 16/12/81	From Date of Order	From 16/12/81	From Date of Order	From 16/12/81
House Assistant:	£	£	£	£	£	£	£	£
First year	22.32	23.89	29.59	31.67	40.04	42.85	2.05	2.19
2nd year	32.15	34.40	39.42	42.18	49.87	53.36	4.10	4.39
3rd year and over	39.15	41.89	46.42	49.67	56.87	60.85	6.16	6.58
Porter:
1st year	18.64	19.94	25.91	27.72	36.36	38.90	4.10	4.39
2nd year	27.25	29.15	34.52	36.93	44.97	48.11	6.16	6.58
3rd year	32.98	35.28	40.25	43.06	50.70	54.24	8.21	8.78
4th year and over	45.42	48.59	52.69	56.37	63.14	67.55	10.27	10.98
Page	30.00	32.10	37.27	39.88	47.72	51.06	3.08	3.29

Provided that:

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

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

Porters who commence employment at 21 years of age or over shall be paid the 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 deficiency.

SECTION III

Persons appointed to the following posts by management shall be paid differential over the standard rate as indicated:—

		Minimum Differential
From Date of Order	From 16/12/81
POST:		£	£
	Head Cook	12.49	13.36
2nd	Head Cook	7.98	8.53
	Head Waiter/Waitress	10.27	10.98
2nd	Head Waiter/Waitress	7.38	7.87
	Head Porter	10.27	10.98
2nd	Head Porter	7.38	7.87
	Head House Assistant	9.85	10.53
2nd	Head House Assistant	6.55	7.00
	Head Barman/Barmaid	9.29	9.94
2nd	Head Barman/Barmaid	6.51	6.97

NOTE:

In calculating the statutory minimum rate of remuneration applicable to any of the workers specified in Sections I or II of this Part the following provisions shall apply:—

1. A worker who has completed a full-time hotel training course of six months duration under the auspices of the Council for Education, Recruitment and Training for the Hotel Industry (CERT) or a Vocational Education Committee shall, on commencement of employment, be placed on the appropriate second year scale.

2. A worker who has completed a full-time hotel training course of two years' duration under the auspices of CERT or a Vocational Education Committee shall, on commencement of employment, be placed on the appropriate third-year scale.

3. In any hotel where only junior staff of any of the following categories are employed — waiting, cooking and bar staff, house assistants and porters — the following provisions shall apply:—

(a) where four juniors are employed one of the four shall be placed on the next higher scale;

(b) for each additional three juniors employed one additional junior shall be placed on the next higher scale.

4. In any hotel where none of the cooking is on full rate, one of the cooks shall be paid a rate one year in excess of the highest prevailing rate of any of the cooking staff.

5. In the case of temporary staff employed in seasonal hotels, the season, or that part of the season during which the hotel is open, shall count as a full year for the purpose of calculating the appropriate rate of pay applicable the following season.

PART II

STATUTORY CONDITIONS OF EMPLOYMENT

SECTION I — NORMAL WORKING HOURS

1. During the season the normal working fortnight shall be any 10 days.

2. During the off-season the normal working fortnight shall be 10 days, calculated on the basis of alternate Sundays off.

The "Season" means the period commencing on the Sunday before Easter Sunday and ending on the last Sunday in September.

3. The normal number of hours for workers aged 18 years and over in any fortnight shall be 80 hours.

4. The normal number of hours and the maximum number of hours which may be worked in any week by workers between the ages of 15 years and 18 years shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 .

	Normal	Maximum
Workers aged between 15 and 16 years	37½ hrs p. w.	40 hrs p. w
Workers aged between 16 and 18 years	40 hrs p. w.	45 hrs p. w.

N.B. there is also a maximum on the number of hours which can be worked per 4 week period (172 hours) and per year (2,000) for workers under 18 years of age.

SECTION II — HOLIDAYS

Those workers who do not have 19 days Paid Leave shall be entitled to a total of 19 days Paid Leave, in the holiday year, 1981 and thereafter. The entitlement to these additional day(s) shall be based on the Holidays (Employees) Act, 1973 .

The Act also provides entitlement to Public Holidays as follows:— Christmas Day, St. Stephen's Day, New Year's Day, St. Patrick's Day, Easter Monday, June Holiday, the First Monday in August, and the last Monday in October. 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

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 workers annual leave.

SECTION III — OTHER CONDITIONS OF EMPLOYMENT

Overtime Rates:

1. Overtime shall be paid for at the rate of time-and-a-half. Overtime rates shall be calculated by reference to the hourly rate which shall be the appropriate weekly rate "without Board or Lodging" divided by the declared number of hours worked per week.

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) all workers under 18 years of age shall not be required to work later than 10 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 4½ hours without a break of at least 15 minutes except where the provisions of the Protection of Young Persons (Employment) Act, 1977 provide otherwise.

7. Lifting of 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 16th day of April,1981.

(Signed) MICHAEL CORCORAN,

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 20th April, 1981 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.