S.I. No. 156/1978 - Employment Regulation Order (Hotels Joint Labour Committee) 1978.
Table of Provisions (6)
Statutory Text (6 Articles)
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 shall be paid for at the rate of double time;
(ii) Where a worker is required to work Sunday duty on a day which in normal circumstances he would have been off duty such work shall be paid for at the rate of double time.
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) All workers under 18 years of age shall not be required to work later than 10 p.m. on any night.
5.
Spreadover Duty.
(i) The maximum period for spreadover duty shall not exceed 14 hour
s
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 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 8th day of June, 1978.
(
Signed
) JAMES G. McCAULEY.
A person authorised under Section 18 ofthe
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 12th June, 1978 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.
3. Where a worker has worked on any Public Holiday throughout the year, the days off in lieu may be taken consecutively and added to the worker's three weeks' annual leave.
SECTION III.— OTHER CONDITIONS OF EMPLOYMENT
Overtime Rates.
4. The normal number of hours and the maximum number of hours which may be worked in any
week
by workers between the ages of 15 years and 18 years shall be governed by the provisions of the
Protection of Young Persons (Employment) Act, 1977
.
Normal
Maximum
Workers aged between 15 and 16 years ..
37½ hrs. p.w.
40 hrs. p.w.
" " " 16 " 18 " ..
40 " "
45 " "
N.B
. there is also a maximum on the number of hours which can be worked per 4 week period (172 hrs.) and per year (2,000 hrs.) for workers under 18 years of age.
SECTION II.— HOLIDAYS
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. 156 of 1978.
EMPLOYMENT REGULATION ORDER (HOTELS JOINT LABOUR COMMITTEE) 1978.
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 Employment Regulation Order dated 24th August, 1977 (
S.I. No. 273 of 1977
) (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), 1978.
(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 12th June, 1978 and as from that date the said Order shall be revoked.
SCHEDULE.
PART I.
Workers to whom this schedule applies.