S.I. NO. 202 OF 2002

EMPLOYMENT REGULATION ORDER (TAILORING JOINT LABOUR COMMITTEE), 2002

WHEREAS the Labour Court (hereinafter called ‘the Court’), pursuant to the provisions of the Industrial Relations Acts, 1946-2001, made an Employment Regulation Order dated 19^th June, 2001 ( S.I. No. 257 of 2001 ) (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 Tailoring 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 have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 43(4) of the Industrial Relations Act, 1946 , and by Section 48(4) of the Industrial Relations Act, 1990 hereby Orders as follows:-

(1)     This Order may be cited as the Employment Regulation Order (Tailoring Joint Labour Committee), 2002.

(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 24^th May, 2002 and as from that date the said Order shall be revoked.

SCHEDULE

Lump Sum Payment

Within four weeks of the effective date of this Employment Regulation Order, all workers covered by the Order must be paid a once-off lump sum payment (unless this sum has already been paid), equal to 1% of the annual basic pay of the individual worker concerned on 1^st April, 2002.

PART I

SECTION I

INCENTIVE TIME-RATES AND GENERAL MINIMUM TIME-RATES AS DEFINED BY SECTION 47(I) OF THE INDUSTRIAL RELATIONS ACT, 1946 FOR PERSONS EMPLOYED IN JOB CLASSES AS SPECIFIED BELOW, SUBJECT TO THE PROVISIONS OF THE EMPLOYMENT EQUALITY ACT, 1998 .

The minimum rate payable on the Incentive Time-Rate for Job Class 5 is €263.46 per week. However, Incentive based earnings shall be calculated on €247.92 per week.

LEARNERS

(i)

(ii)        On completion of two years' learnership a person may be appointed to a Job Class 1, 2, 3, 4 or 5 and shall be entitled to the general minimum remuneration appropriate to that Job Class.

Note

This ERO takes account of the National Minimum Wage Act, 2000 and the reckonable components listed in Part 1 of the Schedule thereto, as well as the Third Phase of the Programme for Prosperity and Fairness (i.e. an increase of 4% with a minimum of €11.43 per week) and the additional 1% lump sum payment in accordance with the agreement negotiated at national level in December, 2000. Employers may, in certain circumstances, seek concessions in order to meet the costs of the additional increases.

SECTION II - PIECE-WORK BASIS RATE FOR ALL WORKERS

Workers, including learners, when employed on Piece-work shall be paid for each operation on which so employed, a piece-rate not less than that which would yield at least the equivalent of the rate applicable to the relevant Job Class.

PART II

HATMAKING BRANCH

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATES FOR WORKERS EMPLOYED IN JOB CLASSES REPRESENTED BELOW, OR IN JOBS EQUAL IN SKILL, EFFORT AND RESPONSIBILITY TO JOBS REPRESENTED BELOW, SUBJECT TO THE PROVISIONS OF THE EMPLOYMENT EQUALITY ACT, 1998 .

SECTION I

LEARNERS

(i)

(ii)        On completion of two years' learnership, a person may be appointed to Job Class 1,2,3,4 or 5 and shall be entitled to the general minimum remuneration appropriate to that Job Class.

Note

This ERO takes account of the National Minimum Wage Act, 2000 and the reckonable components listed in Part 1 of the Schedule thereto, as well as the Third Phase of the Programme for Prosperity and Fairness (i.e. an increase of 4% with a minimum of €11.43 per week) and the additional 1% lump sum payment in accordance with the agreement negotiated at national level in December, 2000. Employers may, in certain circumstances, seek concessions in order to meet the costs of the additional increases.

SECTION II - PIECE WORK BASIS TIME-RATE FOR ALL WORKERS

Workers, including learners, when employed on Piece-Work for which no General Minimum Piece-Rate has been fixed by the Committee, shall be paid for each operation on which so employed, a Piece-Rate not less than that which would yield in the circumstances of the case to an ordinary worker at least the equivalent of the rate applicable to the relevant Job Class.

PART III

SECTION 1 - NORMAL WORKING HOURS

(a) For that class of worker who customarily attends on six days a week:

(b) For that class of worker who customarily attends on five days a week:

(i)      For Workers of 18 years of age and over:

(ii)      For Workers over 16 years of age and under 18 years of age:

Provided that -

Overtime shall be payable where on any day the number of hours worked exceeds the normal number of hours for that day, notwithstanding that the number of hours worked in the week does not exceed the normal number of hours of work for the week.

SECTION II - OVERTIME RATES

The minimum rates for overtime to apply in respect of hours worked by a worker employed in any Branch of the trade whether employed on Time-Work or on Piece-Work in excess of the normal numbers of hours shall be as follows:-

1.       On any day other than Sundays and Public Holidays

(i)         For the first four hours of overtime, one-and-a-half-times the minimum rate otherwise applicable i.e. time-and-a-half.

(ii)        For overtime after the first four hours of overtime, twice the minimum rate otherwise applicable i.e. double time.

2.       On Sunday - Twice the minimum rate otherwise applicable i.e. double time.

3.       On Customary or Statutory Public Holidays - Twice the minimum rate otherwise applicable i.e. double time plus one day in lieu or treble time.

PART IV

ANNUAL HOLIDAYS

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

PART V

CONDITIONS GOVERNING LEARNERSHIP

A learner is a worker who:-

(a)        Is employed during the whole or a substantial part of the hours of work in learning any branch or process of the Trade by an employer who provides the learner with reasonable facilities for such learning; 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 of registration which has been duly acknowledged and is still under consideration.

Provided that -

(i)         The certificate of registration of a learner shall become invalid if the other conditions of learnership are not complied with.

(ii)        An employer may employ a learner on first employment in the Trade (as defined in Part VI of the Schedule) without a certificate of registration for a probationary period not exceeding four weeks but, in the event of such learner being continued thereafter in such employment, the probationary period shall be included in the period of learnership.

(iii)       For the purpose of determining the Minimum Rate applicable there shall be included in the calculation of the period of employment of a learner one-half of the period of such learner's attendance at a technical school for the purpose of receiving instructions in the Tailoring Trade from a teacher whose qualification has been approved by the Department of Education and who is employed by a Statutory Technical Instruction Committee.

(iv)       Such period of instruction in a technical school shall not be regarded as being “first employment in the Trade” for the purpose of the provisions in (ii) above relative to employment without a certificate of registration during the learner's probationary period.

(v)        Any worker who has previously been employed in any branch of the Trade as defined in Part VI of this Schedule, and has not been registered nor has held a certificate, and is subsequently taken on as a learner, shall count the whole period of such previous employment for the purpose of claiming the appropriate Time-Rate.

(vi)       No learner who has left and re-entered the Trade shall, after re-entry, serve a longer period as a learner than would be permissible in the case of a person of the same age entering the Trade for the first time.

(vii)       Notwithstanding compliance with the conditions contained in that Part of the Schedule a person shall not be deemed to be a learner if such person works in a room used for dwelling purposes, and is not in the employment of such worker's parent or guardian.

PART VI

WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES

SECTION I

The Joint Labour Committee operates in relation to workers engaged in the Tailoring Trade as defined in the Schedule to the Establishment Order (Tailoring Joint Labour Committee) Amendment Order, 1953 ( S.I. No. 334 of 1953 ) i.e.

THE TAILORING TRADE - that is to say:-

(a)        Men's and boys' ready-made and wholesale bespoke tailoring.

(b)        Men's and boys' retail bespoke tailoring carried on in a factory where garments are made up for three or more retail establishments.

(c)        The making from any material of men's or boys' headgear.

(d)        The making from rubberised or oilskin material commonly called plastic of men's or women's, boys' or girls' outer garments excluding aprons and

(e)        The making, from rubberised or oilskin material or material commonly called plastic, of women's or girls' headgear where carried out in association with, or in conjunction with, the operation described at (d) of this Schedule.

including:-

(1)       (a)        the altering, repairing, renovating or remaking of men's or boys' tailored garments where carried out in association with, or in conjunction with, the above-mentioned branches of tailoring;

(b)        the cleaning of such garments where carried out in association with, or in conjunction with, the altering, repairing, renovating or re-making of such garments.

(2)        The lining with fur of the above-mentioned garments where carried out in association with, or in conjunction with, the making of such garments.

(3)        All processes of embroidery or decorative needlework where carried out in association with, or in conjunction with, the above branches of tailoring.

(4)        All warehousing, packing and other operations incidental to, or appertaining to, any of the above-mentioned branches of tailoring.

But excluding -

(1)        The making of boys' ready-made washing suits or sailors' suits where carried out in association with, or in conjunction with, the making of garments to be worn by women or girls or by children without distinction of sex.

(2)        The making of knitted headgear and the making of headgear from knitted fabrics where carried out in association with, or in conjunction with, the manufacture of knitted fabrics.

(3)        The casting and making of solid metal helmets.

(4)        The making of chefs' caps and similar articles.

(5)        The making of fur hats where made in association with, or in conjunction with, the manufacture of furs or furriers' skins into garments, rugs or similar articles.

(6)        The making of headgear which -

(a)        is for men or male children, and

(b)        is made from materials which, at any stage in the making of headgear, are felted on the premises in which the headgear is made.

BRANCHES

SECTION II -    The Headgear Branch of the Trade is that Branch in which workers are employed in the making of men's or male children's headgear.

SECTION III -   The Clothing Branch of the Trade shall include all branches and operations not included in the Headgear Branch.

PART VII

WAITING TIME

Waiting Time to be paid for: A worker must be paid not less than the appropriate minimum piece-work basis time-rate in respect of all time present on the employer's premises unless the employer can prove that such worker was so present (a) without the employer's consent expressed or implied or (b) for some purpose unconnected with his work and other than waiting for work to be given to him to perform or unless the worker was present (c) only by reason of the fact that he was resident on the premises, or (d) during normal meal hours in a room or place in which no work is being done. A worker employed on piece-work is deemed during “waiting time” to have been employed at the general minimum piece-work basis time-rate applicable.

PART VIII

SERVICE PAY

SECTION I

Workers engaged in any capacity designated in Part I and Part II of this Schedule who have completed not less than 5 years' continuous employment with one employer shall be entitled to service pay as follows:-

SECTION II

Continuity of Service

(i)        Continuity of service will be deemed not to be interrupted by

(a)        certified illness, or

(b)        temporary cessation of work due to any temporary cause not due to the worker's act or default which does not exceed 60 days duration.

(ii)        For the purpose of this Section a worker may be required to undergo a medical examination by a doctor nominated by his employer.

PART IX

GENERAL

Nothing in this Employment Regulation Order shall be taken to exclude, limit or be in any way inconsistent with the rights of any employee under any statutory enactment.

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 conditions of employment as from 24^th May, 2002 for workers employed in the Tailoring Trade. It is made by the Labour Court on the recommendation of the Tailoring Joint Labour Committee.

NOTE:    Enquiries should be directed to The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Telephone 01-6136666, Extension Nos. 6639, 6640, 6641 and 6642. “Lo-Call” number (if calling from outside (01) area) 1890 220 228).

Published by the Stationery Office, Dublin.