S.I. No. 84/1948:

EMPLOYMENT REGULATION ORDER (TOBACCO JOINT LABOUR COMMITTEE), 1948.

EMPLOYMENT REGULATION ORDER (TOBACCO JOINT LABOUR COMMITTEE), 1948.

WHEREAS the Minister for Industry and Commerce, under the provisions of the Trade Boards Acts, 1909 and 1918, made an order dated the 8th day of April, 1946, confirming the variation of minimum rates of wages for male and female workers in the Tobacco Trade (hereinafter called " the said order ") ;

AND WHEREAS the said order is deemed to be an Employment Regulation Order by virtue of the provisions of Section 54 of the Industrial Relations Act, 1946 (hereinafter called " the Act");

AND WHEREAS the said order was amended by the Tobacco Joint Labour Committee Employment Regulation Order, 1947 ;

AND WHEREAS the Tobacco Joint Labour Committee (hereinafter called " the Committee ") has submitted to the Labour Court (hereinafter called " the Court ") proposals for revoking the said order as amended ;

AND WHEREAS the Committee has also submitted to the Court the proposals set out in the Schedule hereto for fixing the minimum rates of remuneration, and regulating the conditions of employment, of workers in relation to whom the Committee operates, in substitution for the rates and conditions set out in the said order as amended ;

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 (Tobacco Joint Labour Committee), 1948.

(2) Effect is hereby given to the proposals set out in the Schedule hereto.

(3) The proposals set out in the Schedule hereto shall have effect as from the 19th day of March, 1948, and as from that date the said order as amended shall be revoked.

SCHEDULE.

PART I.

GENERAL MINIMUM TIME RATES.

For the purpose of calculating the General Minimum Time-Rate payable in respect of each hour of employment, the proposed appropriate weekly rate set out above must be divided, in the case of a worker of 18 years of age or over, by 45, and in the case of a worker whose age is less than 18 years, by 40.

Note.--In the case of workers employed on piece work each piece rate paid must be such as will yield in the circumstances of the case to an ordinary worker not less than the appropriate General Minimum Time-Rate.

PART II.

OVERTIME RATES FOR ALL MALE AND FEMALE WORKERS.

Section I.--The normal number of hours to be worked by workers in relation to whom the Committee operates shall be as follows :--

For that Class of Workers who customarily attend on six days a week.

For that Class of Workers who customarily attend on five days a week.

Provided that all hours worked on Sundays and on Customary Public and Statutory Holidays shall be regarded as Overtime to which the Overtime Rates shall apply.

Section II.--The Minimum Rates for Overtime to apply in respect of hours worked by Male and Female Workers, whether employed on Time-Work or on Piece-Work, in excess of the declared normal number of hours of work, shall be as follows : --

(a) For the First Two Hours of Overtime on any day, except Sunday and Customary Public and Statutory Holidays, the Overtime Rate shall be one-and-a-quarter times the Minimum Rate otherwise applicable--i.e., Time-and-a-Quarter.

(b) For Overtime After the First Two Hours of Overtime on any day except Sunday and Customary Public and Statutory Holidays, the Overtime Rate shall be one-and-a-half times the Minimum Rate otherwise applicable--i.e., Time-and-a-Half.

(c) For All Time worked on Sunday and Customary Public and Statutory Holidays the Overtime Rate shall be twice the Minimum Rate otherwise applicable--i.e., Double Time.

(d) For All Hours worked in any week in excess of the declared normal number of hours of work for the week the Overtime Rate shall be Time-and-a-Quarter, except in so far as higher Overtime Rates are payable under the provisions of paragraphs (b) and (c) of this Section.

(c) The Overtime Rate shall be payable where on any day (not being a Sunday or a Customary Public or Statutory Holiday) the number of hours worked exceeds the declared normal number of hours of work for that day, notwithstanding that the number of hours worked does not exceed the declared normal number of hours of work for the week.

PART III.

FEMALE LEARNERS.

A Female Learner is a female worker under the age of 17 years who is engaged in learning hand or mould cigar making, and who--

(a) is employed under a verbal or written agreement providing for her effective instruction in the making of hand or mould Cigars for a period of 4 years, such period to include a probationary period of six months on completion of which the learnership may be determined at the instance either of the employer or learner ; 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 an employer may employ a learner on her first employment without a certificate or registration for a probationary period not exceeding four weeks, but in the event of such learner being continued thereafter at her employment the probationary period shall be included in the period of learnership.

PART IV.

DEFINITION OF WORKERS.

The above Statutory Minimum Remuneration and Statutory Conditions of employment shall apply, subject to the provisions of the Industrial Relations Act, 1946 , and of this Order, to all Workers in respect of any time during which they are employed in any Branch of the Trade specified in the Trade Boards (Tobacco) Order, 1918, that is to say :--

The manufacture of tobacco, cigars, cigarettes, cigarette tubes and snuff, including all preparatory processes, and including also the operations of storing and storekeeping, boxing, packeting, labelling, parcelling and despatching, and all other warehousing and packing operations, incidental to the manufacture of any of the above-mentioned articles ; but excluding (a) the growing of tobacco ; (b) all or any of the processes necessary to render fresh tobacco fit for grading ; (c) all or any of the processes necessary to render cured tobacco fit for manufacture.

GIVEN under the Official Seal of the Court this 4th day of March, 1948.

(Signed) T. J. CAHILL.

A person authorised under section 18 of the act to authenticate the Seal of the Court.