S.I. No. 283/1999 - Employment Regulation Order (Hotels Joint Labour Committee), 1999.

WHEREAS the Labour Court (hereinafter called “the Court”), pursuant to the provisions of Section 48 of the Industrial Relations Act, 1990 (hereinafter called “the Act”), made an Employment Regulation Order dated 11th September, 1998 ( S.I. No. 330 of 1998 ) (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 Hotels 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 48 of the Act have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 48 of the Act and Section 43 (4) of the Industrial Relations Act, 1946 , hereby Orders as follows:—

(1) This Order may be cited as the Employment Regulation Order (Hotels Joint Labour Committee), 1999.

(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 21st September, 1999 and as from that date the said Order 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 Borough of Cork and the areas known, until 1st January, 1994, as the County Borough of Dublin and the Borough of Dún 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 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 1995,

(b) a premises licensed under the Licensing Acts, 1833 to 1995 and having not less than 10 apartments normally available for the sleeping accommodation of travellers.

PART II

STATUTORY MINIMUM RATES OF REMUNERATION

Section I Non-Tipping Zone

	With Full Board* and Lodging	With Board only	Without Board or Lodging
	From 21st September, 1999
Cooks	Per Week	Per Week	Per Week
	£	£	£
1st year	34.60	51.92	77.23
2nd year	47.89	65.20	90.52
3rd year	62.80	80.12	105.44
4th year	88.78	106.10	131.41
** Trained (a)	140.00	157.32	182.63
(b)	111.47	128.79	154.10

	With Full Board* and Lodging	With Board only	Without Board or Lodging
	From 1st May, 2000
Cooks	Per Week	Per Week	Per Week
	£	£	£
1st year	34.95	52.44	78.00
2nd year	48.37	65.85	91.43
3rd year	63.43	80.92	106.49
4th year	89.67	107.16	132.72
** Trained (a)	141.40	158.90	184.46
(b)	112.64	130.14	155.70

Note: No worker shall suffer a reduction in status or remuneration.

	With Full Board* and Lodging	With Board only	Without Board or Lodging
	From 21st September, 1999
General Workers	Per Week	Per Week	Per Week
	£	£	£
Under 18 years of age	61.70	79.03	104.34
18 to 19 years of age	91.16	108.48	133.79
19 to 20 years of age	94.45	111.77	137.09
20 years and over	122.59**	139.91**	165.22**

	With Full Board* and Lodging	With Board only	Without Board or Lodging
	From 1st May, 2000
General Workers	Per Week	Per Week	Per Week
	£	£	£
Under 18 years of age	62.32	79.82	105.38
18 to 19 years of age	92.07	109.56	135.13
19 to 20 years of age	95.39	112.89	138.46
20 years and over	123.81**	141.31**	166.87**

Section II, Tipping Zone

	With Full Board * and Lodging	With Board only	Without Board or Lodging	Guaranteed Gratuities**
	From 21st September, 1999
	Per Week	Per Week	Per Week	Per Week
	£	£	£	£
Waiter/Waitress
1st year	47.43	64.75	90.06	3.70
2nd year	62.65	79.96	105.28	7.45
3rd year	71.22	88.54	113.85	13.11
4th year and over	111.80	129.12	154.43	18.60
Barman/ Barmaid
1st year	52.80	70.12	95.43	3.70
2nd year	75.37	92.69	118.00	5.58
3rd year	92.96	110.28	135.59	7.45
4th year and over	122.72	140.04	165.35	9.29

	With Full Board* and Lodging	With Board only	Without Board or Lodging	Guaranteed Gratuities**
	From 1st May, 2000
	Per Week	Per Week	Per Week	Per Week
	£	£	£	£
Waiter/Waitress
1st year	47.90	65.40	90.96	3.74
2nd year	63.28	80.76	106.33	7.52
3rd year	71.93	89.43	114.99	13.24
4th year and over	112.97	130.47	156.03	18.79
Barman/ Barmaid
1st year	53.33	70.82	96.38	3.74
2nd year	76.12	93.62	119.18	5.64
3rd year	93.89	111.38	136.95	7.52
4th year and over	123.95	141.44	167.00	9.38

Note:

(i) Workers who have satisfactorily completed their 4th year shall be deemed to be qualified.

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

	With Full Board* and Lodging	With Board only	Without Board or Lodging	Guaranteed Gratuities**
	From 21st September, 1999
	Per Week	Per Week	Per Week	Per Week
	£	£	£	£
House Assistant
1st year	57.65	74.98	100.29	3.70
2nd year	82.30	99.61	124.93	7.45
3rd year	100.68	118.00	143.31	11.17
Porter
1st year	46.08	63.40	88.71	7.45
2nd year	67.07	84.39	109.70	11.17
3rd year	81.46	98.79	124.10	14.90
4th year	111.80	129.12	154.43	18.60
Page	73.79	91.11	116.42	5.58

	With Full Board* and Lodging	With Board only	Without Board or Lodging	Guaranteed Gratuities**
	From 1st May, 2000
	Per Week	Per Week	Per Week	Per Week
	£	£	£	£
House Assistant
1st year	58.23	75.73	101.29	3.74
2nd year	83.12	100.61	126.18	7.52
3rd year	101.85	119.35	144.91	11.28
Porter
1st year	46.54	64.03	89.60	7.52
2nd year	67.74	85.23	110.80	11.28
3rd year	82.27	99.78	125.34	15.05
4th year	112.97	130.47	156.03	18.79
Page	74.53	92.02	117.58	5.64

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 the full rate.

Section III

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

Minimum Differentials.

	From 21st September, 1999	From 1st May, 2000
	Per Week	Per Week
	£	£
Head Cook:	26.44	26.70
2nd Head Cook	16.55	16.72
Head Waiter/Waitress:	21.10	21.31
2nd Head Waiter/Waitress	15.17	15.32
Head Porter:	21.10	21.31
2nd Head Porter	15.17	15.32
Head House Assistant:	20.23	20.43
2nd Head House Assistant	13.49	13.62
Head Barman/Barmaid:	19.12	19.31
2nd Head Barman/Barmaid	13.43	13.56

NOTES:

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 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 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 porter — 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 staff 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 III

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 78 hours.

4. Hours of Work for Young People

(i) Young persons aged 14 and 15 may only be employed on holiday work (maximum of 35 hours per week and 7 hours per day) or on work experience (maximum of 40 hours per week and 8 hours per day). The normal number of hours for young persons aged 14 and 15 on holiday work shall be 70 hours in any fortnight, but must not exceed 35 hours per week and 7 hours per day, and for young persons on work experience shall be 78 hours in any fortnight, but must not exceed 40 hours per week and 8 hours per day.

(ii) The normal number of hours for young persons aged 16 or 17 shall be 78 hours in any fortnight but must not exceed 40 hours in any week and 8 hours per day.

Section II—Holidays

1. All employees are entitled to paid annual leave in accordance with the provisions of the Organisation of Working Time Act, 1997 , which include:

(a) 4 working weeks in a leave year in which the employee works at least 1,365 hours (unless it is a leave year in which he or she changes employment),

(b) 1/3 of a working week for each month in the leave year in which he or she works at least 117 hours, or

2. Entitlement in respect of Public Holidays will be in accordance with the provisions of the Organisation of Working Time Act, 1997 .

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

4. 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 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 normal 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, which forms part of the 78 hour rostered fortnight, shall be paid for at double time. The extra pay which is additional to normal pay will be based on the appropriate rate without Board or Lodging.

(ii) When an employee works a full day on a Sunday which is in addition to the 78 hour rostered fortnight he/she shall receive two additional days' pay based on the rate without Board or Lodging and pro rata for part days.

4. Finishing Time*

(i) Workers shall be entitled each week throughout the year to either one early finishing night at 7.00 p.m. or two at 8.30 p.m.

(ii) Workers under 16 years of age shall not be required to work before 8.00 a.m. or after 8.00 p.m.

(iii) In general, 16 and 17 year olds cannot work between the hours of 10 p.m. and 6 a.m., except where the Minister is satisfied that special circumstances exist and the day in question is not the day before a schoolday, in which case they may not work between the hours of 11 p.m. and 7 a.m.

5. Spreadover Duty

This issue is covered by the Organisation of Working Time Act, 1997 . Compensatory rest allowances will be applied in accordance with that Act.

6. Breaks*

(i) Workers under 16 years of age must have the following rest breaks:

after each 4 hours:	half-hour
in each period of 24 hours:	14 consecutive hours
in any period of 7 days:	2 days off**

(ii) Workers over 16 and under 18 years of age must have the following rest breaks:—

after 4 and a half hours:	half-hour
in each period of 24 hours:	12 consecutive hours
in any period of 7 days:	2 days off**

(iii) No adult worker shall be required to work continuously for more than 4 and a half hours without a break of at least 15 minutes, or for more than 6 hours without a break of at least 30 minutes.

7. 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 10th day of September, 1999.
	(Signed) FINBARR FLOOD,
	Chairman.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 21st September, 1999 for workers employed in an hotel undertaking anywhere throughout the State except the County Borough of Cork and the areas known, until 1st January, 1994, as the County Borough of Dublin and the Borough of Dún Laoghaire. It is made by the Labour Court on the recommendation of the Hotels Joint Labour Committee.

Note: Enquiries should be directed to The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Phone 01-6136666, Extension Nos. 6639, 6640 and 6641. “Lo-call” number (if calling from outside (01) area) 1890 220 228).

* Full Board is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

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

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

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

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

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

**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.

*Full Board is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

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

* Provisions 4(ii) and 4(iii) above may be modified in relation to the employment of close relatives in a family business.

* Provisions 6(i) and 6(ii) above may be modified in relation to the employment of close relatives in a family business.

** As far as practicable, the days off are to be consecutive.