S.I. No. 221/1993:

EMPLOYMENT REGULATION ORDER (HOTELS JOINT LABOUR COMMITTEE), 1993.

EMPLOYMENT REGULATION ORDER (HOTELS JOINT LABOUR COMMITTEE), 1993.

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 17th June, 1992 ( S.I. No. 150 of 1992 ) (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 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 Employment Regulation Order (Hotels Joint Labour Committee), 1993.

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

(3) The provisions set out in the Schedule hereto shall have effect as from 10th August, 1993 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 hotel undertaking anywhere throughout the State *except the county Boroughs of Dublin and Cork 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;

( c ) the provision of living accommodation;

( 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 1957.

or

( 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.

PART II

STATUTORY MINIMUM RATES OF REMUNERATION

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

( 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 who over a period of time could be moved up to a grade A cook.

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

*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.

*(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 J.L.C., of their ability to perform the full range of duties applicable to a trained waiter/waitress and a trained barman/barmaid.

(ii) Those existing workers who have already completed 5 years service who do not offer themselves for or pass this assessment shall proceed to the top rate in 2 equal phases -- the first phase 6 months from the date of the E.R.O. 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 shall be deemed to have passed the assessment.

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

Provided that:

"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.

SECTION III

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

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 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 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 16 years and over in any fortnight shall be 78 hours.

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 limits 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 1981 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 for entitlement to Public Holidays as follows:-- Christmas Day, St. Stephen's Day, New Year's Day, St. Patrick's Day, Easter Monday, the first Monday in June, 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

( c ) payment of the day equivalent to twice the amount of a full day's 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

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) Where 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) All workers under 18 years of age shall not be required to work later than 10.00 p.m. on any night.

5. Spreadover Day

(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 employed at the date of termination.

GIVEN under the Official Seal of the Labour Court, this 30th day of July, 1993.

KEVIN HEFFERNAN,

Chairman.

EXPLANATORY NOTE.

This Instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 10th August, 1993 for workers employed in a hotel undertaking anywhere throughout the State except the County Boroughs of Dublin and Cork and the Borough of Dún Laoghaire. It is made by the Labour Court on the recommendation of the Hotels Joint Labour Committee.