S.I. No. 72/1985 - Employment Regulation Order (Hotels Joint Labour Committee), 1985.

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 7.00 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 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 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 employment at the date of termination.

GIVEN under the Official Seal of the Labour Court this 19th day of

March 1985.

(Signed) P. LYNCH.

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 1st April, 1985 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 Committee.

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

4. The normal number of hours and the maximum number of hours which may be worked in any week by workers between the ages 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

37½hrs p.w.

40hrs p.w.

Workers aged between 16 and 18 years

40hrs p.w

45hrs p.w

N.B. there is also a maximum on the number of hours which can be worked per 4 week period (172 hours) and per year (2,000 hours) 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

25. 72

26. 75

35. 76

37. 19

50. 17

52. 18

70. 83

4.25

4.42

3rd year

53.79

55.94

63.83

66.38

78.24

81.37

5.67

5.89

4th year and over

71.00*

73.84*

81.04*

84.28*

95.45*

99.27*

7.07*

7.35*

*(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 JLC, 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.

With Full Board & Lodging

With Board only

Without Board or Lodging

Guaranteed Gratuities

From Effective Date of Order

From 1/9/85

From Effective Date of Order

From 1/9/85

From Effective Date of Order

From 1/9/85

From Effective Date of Order

From 1/9/85

Per Week

Per Week

Per Week

Per Week

Per Week

Per Week

Per Week

Per Week

HOUSE ASSISTANT

£

£

£

£

£

£

£

£

1st year

30.79

32.02

40.83

42.46

55.24

57.45

S.I. No. 72 of 1985.

EMPLOYMENT REGULATION ORDER (HOTELS JOINT LABOUR COMMITTEE), 1985.

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 12th December, 1983 (

S.I. No. 373 of 1983

) (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), 1985.

(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 April, 1985 and as from that date the said Order shall be revoked.

SCHEDULE

Part I

Workers to whom this schedule applies