S.I. No. 281/1972 - Employment Regulation Order (Hotels Joint Labour Committee) 1972.
Table of Provisions (6)
Statutory Text (6 Articles)
1. Workers shall be granted holidays in accordance with the provisions of the
Holidays (Employees) Act, 1961
. These provisions include fourteen consecutive whole holidays including two Sundays and the following six Public Holidays—Christmas Day, St. Stephen's Day, St. Patrick's Day, Easter Monday, June Holiday and the first Monday in August. 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 for 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 two weeks annual leave.
4. In addition to the annual entitlements under the
Holidays (Employees) Act, 1961
, workers who qualify for full holidays shall be granted an extra week's holidays, the extra leave to be taken each year between 1st October and the following 31st March.
SECTION III.—OTHER CONDITIONS OF EMPLOYMENT.
1.
Overtime Rates
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 48.
2.
Sunday Work
Work performed on Sunday shall be paid for at the rate of time-and-a-half. Where a worker is required to work on a Sunday on which in normal circumstances he would have been off duty, such work shall be paid for at the rate of time-and-three-quarters.
3.
Day off other than Sunday
Where a worker is required to work on his off-day such work shall be paid for at the rate of double time during the season and time-and-three-quarters during the off-season.
4.
Finishing Time
(i) Workers shall be entitled each week throughout the year to either one early finishing night at 7 p.m. or two at 8.30 p.m.
(ii) Permanent workers under 16 years of age shall not be required to work later than 10 p.m. on any night.
(iii) Casual workers under 16 years of age shall not be required to work later than 11 p.m. on any night.
5.
Spreadover Duty
(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.
7.
Lifting 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 employment at the date of termination.
GIVEN under the Official Seal of the Labour Court, this 23rd day
of November, 1972.
(Signed) D. MAC DIARMADA,
A person authorised under Section 18 of the Industrial
Relations Act, 1946, to authenticate the Seal of the Court.
EXPLANATORY NOTE.
This instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 27th November, 1972, for workers employed in a hotel undertaking anywhere throughout the State except the County Boroughs of Dublin and Cork and the Borough of Dun Laoghaire. It is made by the Labour Court on the recommendation of the Hotels Joint Labour Committee.
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.
S.I. No. 281 of 1972.
EMPLOYMENT REGULATION ORDER (HOTELS JOINT LABOUR COMMITTEE) 1972.
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 the 20th January, 1971 (
S.I. No. 13 of 1971
) (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 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 Employment Regulation Order (Hotels Joint Labour Committee), 1972.
(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 the 27th November, 1972, and as from that date the said Order shall be revoked.
SCHEDULE.
PART I.
Workers to whom this schedule applies.