S.I. No. 194/1996 - Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee), 1996.

1. Grievance Procedure

There shall be no dispute until the dispute has been submitted for settlement by negotiation, as follows:—

Stage 1

Discussion between the workers' shop steward (if appropriate) in the Company and the management's representatives. If settlement cannot be reached at this stage, stage 2 will be implemented.

Stage 2

Discussions between the workers' union official (if appropriate) and management representatives will take place in an attempt to resolve the problem. If settlement cannot be reached at this stage, stage 3 will be implemented.

Stage 3

Reference of the dispute to either a Rights Commissioner or Labour Court conciliation conference should be agreed between the parties. If the recommendation of a Rights Commissioner is not acceptable to either party, or if the outcome of a conciliation conference is not acceptable to either party, the parties will refer the matter to a full hearing of the Labour Court. No industrial action will be taken until one month following the issuance of a Labour Court recommendation, and at least fourteen days' written notice of the intended action.

In the cases where a dispute arises concerning a management instruction to an employee(s), the task shall be carried out (under protest if necessary) while the dispute is being processed through the grievance procedure. Failure to obey these instruction will render an employee liable to disciplinary action.

2. Disciplinary Procedures. Each Company will include in the Conditions of Employment details of the procedure to apply in the event of dismissing an employee. Such procedure will include the warning stages to apply prior to dismissal and will make reference to verbal and written warnings, and to the fact that, depending on the nature of the misconduct/performance, the preliminary stages of the procedure may be by-passed.

(a) In the event of a summary dismissal, no decision will be taken until the matter has been fully investigated by Management.

(b) The procedure will also state that an employee may be represented at any stage of the Disciplinary Procedure.

SECTION IV

Negotiation Rights. Each Contract shall include the name of the members Trade Union with negotiating rights in the Company where appropriate.

SECTION V

Protection of Employment. Employers in the industry will give all reasonable notice of impending redundancies to the workers concerned.

SECTION VI

Continuity of Employment. Employers in the industry will give full consideration to the position of workers who are unemployed as a result of a change of contractor on a site.

SECTION VII

Maternity Leave. All female employees in the industry shall be entitled to unpaid Maternity Leave. The provisions of the Maternity (Protection of Employment) Act, 1981 will be used to establish rights and obligations to workers in the industry.

Each employee who avails of Maternity Leave shall have the right to return to work on the same site in accordance with the provisions of the Act. In the event of a new contractor taking over the contract, full consideration will be given by the new contractor to the employee absent on Maternity Leave on the same basis as other employees on the site.

SECTION VIII

Disclosure of Information

Any Company requested will provide information on the date of termination of any contract which has been signed and where the date of termination changes the employee will be advised of such change. The workers representative shall also be advised where such applies.

SECTION IX

Change of Address

Any Company so affected shall notify employees of a change of name/address at least five days before the change is due. This information will also be conveyed to the workers representative where appropriate.

SECTION X

Contributions to Revenue Commissioners

On request from a worker or his/her representative employers will provide evidence of payment made to Revenue Commissioners and Department of Social Welfare on behalf of that worker.

SECTION XI

Deduction of Union dues at source

Each employer shall, on receipt of a written request from members, deduct union dues from workers wages. The implementation date shall be as soon as possible.

Given under the Official Seal of the Labour Court this 25th day of June, 1996.

(Signed) TOM MCGRATH DEPUTY

CHAIRMAN

EXPLANATORY NOTE

This Instrument fixes with effect from the 28th June, 1996 statutory minimum rates of remuneration and regulates statutory conditions of employment for workers employed in the Contract Cleaning (City And County of Dublin) Industry. It is made by the Labour Court on the recommendation of the Contract Cleaning (City and County of Dublin) Joint Labour Committee.

S.I. No. 194 of 1996.

EMPLOYMENT REGULATION ORDER (CONTRACT CLEANING (CITY AND COUNTY OF DUBLIN) JOINT LABOUR COMMITTEE), 1996.

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 10th June, 1995 (

S.I. No. 180 of 1995

) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the statutory conditions of employment of workers in relation to whom the Contract Cleaning (City and County of Dublin) 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 the Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee), 1996.

(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 28th June, 1996.

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