S.I. No. 151/1992:

EMPLOYMENT REGULATION ORDER (CATERING JOINT LABOUR COMMITTEE), 1992.

EMPLOYMENT REGULATION ORDER (CATERING JOINT LABOUR COMMITTEE), 1992.

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 20th June, 1991 ( S.I. No. 155 of 1991 ) (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 Catering 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 Industrial Relations Act, 1990 (hereinafter called "the 1990 Act") have been complied with;

NOW THEREFORE, the Court, in exercise of the powers conferred on it by Section 48 of the 1990 Act hereby orders as follows:--

(1) This Order may be cited as the Employment Regulation Order (Catering Joint Labour Committee), 1992.

(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 1st. July, 1992 and as from that date the said Order shall be revoked.

Note: Enquiries should be directed to The Secretary, Joint Labour Committees Section, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Phone 6608444 Extension Nos. 301, 303 and 304).

SCHEDULE.

PART I.

WORKERS TO WHOM THIS SCHEDULE APPLIES.

1. Workers employed in a catering establishment anywhere throughout the State except * the Co. Borough of Dublin and the Borough of Dun Laoghaire who are engaged on any of the following work, that is to say:--

( a ) the preparation of food or drink;

( b ) the service of food or drink;

( c ) work incidental to (a) or (b) and performed at any store or warehouse or similar place in the catering establishment.

But excluding

(i) Workers affected by any Employment Agreement, that is "an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union of workers and an employer or trade union of employers or made, at a meeting of a registered Joint Industrial Council between members of the council representative of workers and members of the council representative of employers".

(ii) workers to whom an Employment Regulation Order made as a result of proposals received from another Joint Labour Committee applies.

(iii) Managers, assistant managers and trainee managers.

2. In this Schedule "Catering Establishment' means a premises or part of a premises primarily used for supplying for reward to any persons, not for the time being resident on the premises, food or food and drink for consumption on the premises, including fish and chip shops and ice cream parlours.

But excluding

(i) premises registered in the register of hotels under the provisions of the Tourist Traffic Acts, 1939-1975.

(ii) premises licensed under the Licensing Acts, 1833-1962 and having not less than 10 apartments normally available for the sleeping accommodation of travellers.

PART II.

DEFINITION OF JOB CLASSES AND STATUTORY MINIMUM RATES OF REMUNERATION PER WEEK.

1. Classes of workers

( a ) Cook -- A person who has completed three years service* at cooking duties and is engaged in the preparation and cooking of food for service to the public and/or staff.

( b ) Short Order/Fast Service Cook -- A person who is solely involved in the preparation and/or cooking of any one or a combination of the following: hamburgers, beefburgers, fish, chips, pizza, pancakes and snack foods.

*The Provisions of the Local Government (Re-organisation) Act, 1985 (Section 10) do not apply.

*Time spent on training courses will count as service.

( c ) Counter Assistant -- A person wholly or mainly engaged in the preparation and/or service of food at a counter and ancillary duties.

( d ) Waiter/Waitress -- A person who has completed 2 years service† and is wholly or mainly engaged in the service of food at table and ancillary duties.

( e ) Barman/Barmaid -- A person who has completed 2 years service† and is wholly or mainly engaged in the service of alcoholic drinks and other beverages and ancillary duties.

( f ) Clerical Worker -- A person wholly or mainly engaged in clerical, reception and/or cashier duties.

( g ) General Worker -- A person wholly or mainly engaged in any one or a combination of the following:- general kitchen portering duties, the preliminary preparation of food prior to cooking, and other general duties not covered in the definitions of the other classes of workers contained in this Order.

( h ) Cleaner/Wash-Up -- A person wholly or mainly engaged in cleaning and/or wash-up duties.

†Time spent on training courses will count as service.

2. Statutory minimum rates of remuneration

*The maximum amount which may be deducted from any worker in respect of board is £7.00 per week except where such worker is working in a catering establishment where a class (a) cook is not employed. Where such worker is working in conjunction with a worker in class (b) or with a fully qualified cook performing the functions of a worker in class (b) the maximum deduction for board shall be £1.92 per week. Where board and lodging is provided the maximum amount which may be deducted is £24.45 per week.

Part-time or casual workers

3. Any part time or casual worker shall be paid pro-rata at the hourly equivalent of the weekly rate relative to his or her particular class as defined above.

Twelve Months Initial rate

4. The twelve month initial rate (90% of full rate without board) applies to workers in classes (b), (c), (f), (g) and (h) and applies for the first twelve months of employment in any of the five classes by any employer. Certified service of twelve months or more in a specific class with a previous employer shall entitle a worker in that class to the full rate.

5. Workers appointed to the following posts by employers shall be paid the minimum differential over the standard rate as indicated:

Apprenticeship ratios

6. A ratio of 1:1 i.e. 1 trainee worker for every trained worker will apply with a derogation for attendance at C.E.R.T. training courses and/or a training programme organised with the approval of C.E.R.T.

Service Charge

Service charge, where levied, shall be distributed weekly to waiters, waitresses, counter assistants, barmen and barmaids. A maximum of 20% of the total service charge may be distributed to any other classes covered by this Employment Regulation Order with the agreement of the majority of the staff.

PART III.

STATUTORY CONDITIONS OF EMPLOYMENT

Section I -- Normal Working Hours

The normal working fortnight shall be any 10 days and shall consist of 78 hours for all workers aged 16 and over. In the case of workers under the age of 18, the normal working hours worked on any day and in any week must not exceed the limit specified in the Protection of Young Persons (Employment) Act, 1977 .

Section II -- Holidays

1. 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 1982 and thereafter. The entitlement to these additional day(s) shall be based on the provisions of the Holidays (Employees) Act, 1973 .

The Holidays (Employees) Act, 1973 also provides entitlements to eight public holidays as follows:

Christmas Day, St. Stephen's Day, New Year's Day, St. Patrick's Day, Easter Monday, First Monday in June, the First Monday in August and Last Monday in October.

Where a worker is required to work on a public holiday or where a public holiday coincides with a rest day, 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

( c ) payment for the day equivalent to twice the amount of a full days 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 annual leave.

Section III -- Other Conditions of Employment

1. Overtime shall be at the rate of time plus one half for hours worked in excess of 78 hours per fortnight. Work done on a day on which a worker would normally be off duty including Sunday shall be paid for at the rate of double time except where an option to take time off in lieu can be agreed between employer and worker.

2. Each worker shall be made aware of his restored duty for each period of the rostered duty one week in advance of the commencement of rostered duty. Any hours worked in excess of rostered duty on any day shall be paid for at the overtime rate of time plus one half up to 12.00 o'clock midnight and thereafter at double time.

3. A worker rostered to work night duty between the hours of 12.00 midnight and 7.00 a.m. which is not overtime, or which is not covered by a trade union negotiated shift pay agreement, shall be compensated by the payment of an allowance equivalent to 25% of his basic pay, for hours worked during that period.

4. Sunday Work:

(i) Within the 78 hour fortnight every second Sunday shall be regarded as a day off;

(ii) Work performed on Sunday as part of the normal roster shall be paid at the rate of double time;

5. Spreadover Duty/Finishing Time

(i) The maximum period for spreadover duty shall not exceed 12 hours in any day, and workers subject to spreadover duty shall be entitled in each week throughout the year to one day at a maximum of 8 hours spreadover or 2 days at a maximum of 10 hours spreadover. The short spreadover shall be calculated from normal starting time unless otherwise agreed,

(ii) A minimum period of 8 hours shall elapse between a worker's normal finishing time each night and starting time next morming.

(iii) Permanent and casual workers under 18 years of age shall not be required to work after 10.00 p.m. on any night.

Breaks

6. No worker shall be required to work continuously for more than 4½ hours without a break of at least 15 minutes exclusive of main meal breaks.

Certificate of Service

7. Each worker who has accumulated at least a total of the equivalent of six months full time service shall be entitled to the next full time rate provided at least one calendar year has elapsed since he commenced on the lower rate.

Each worker shall be entitled to receive from his employer on termination of his employment a certificate of service showing the period of his employment, the length of service and average weekly hours worked in each particular grade in which he or she may have been employed.

GIVEN under the Official Seal of the Labour Court, this 17th day of June, 1992.

(signed) TOM MCGRATH,

Deputy Chairman.

EXPLANATORY NOTE.

This Instrument fixes with effect from the 1st July, 1992 statutory minimum rates of remuneration and statutory conditions of employment of certain workers employed in Catering establishments throughout the State except the Co. Borough of Dublin and the Borough of Dun Laoghaire. It is made by the Labour Court on the recommendation of the Catering Joint Labour Committee.