S.I. No. 330/1998 - Employment Regulation Order (Hotels Joint Labour Committee), 1998

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, which forms part of the 78 hour rostered fortnight, shall be paid for at double time. The extra pay which is additional to normal pay will be based on the appropriate rate without Board or Lodging.

(ii) When an employee works a full day on a Sunday which is in addition to the 78 hour rostered fortnight he/she shall receive two additional days' pay based on the rate without Board or Lodging and pro rata for part days.

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) Workers under 16 years of age shall not be required to work before 8.00 a.m. or after 8.00 p.m.

(iii) In general, 16 and 17 year olds may not be employed before 6.00 a.m. or after 10.00 p.m. During school holidays and on weekend nights where the young person has no school the next day, 16 and 17 year olds may work up to 11.00 p.m. A young person who works until 11.00 p.m. may not be required to work earlier than 7.00 a.m. the following day.

5. Spreadover Duty

(i) The maximum period for spreadover duty shall not exceed 14 hours in any day.

(ii) For workers aged 18 years and over, a minimum period of 8 hours shall elapse between a worker's normal finishing time each night and starting time next morning.

* These provisions may be modified in relation to employment of close relatives in a family business.

6. Breaks*

(i) Workers under 16 years of age must have the following rest breaks:-

after each 4 hours:;

half-hour

in each period of 24 hours

14 consecutive hours

in any period of 7 days

2 days off**

(ii) Workers over 16 and under 18 years of age must have the following rest breaks:-

after 4 and a half hours

half-hour

in each period of 24 hours

12 consecutive hours

in any period of 7 days

2 days off**

(iii) No adult worker shall be required to work continuously for more than 4 and a half hours without a break of at least 15 minutes, or for more than 6 hours without a break of at least 30 minutes.

7. 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.

* These provisions may be modified in relation to employment of close relatives in a family business.

** As far as practicable, the days off are to be consecutive.

Given under the Official Seal of the Labour Court this 11th day of September, 1998.

(Signed) Finbarr Flood

CHAIRMAN

EXPLANATORY NOTE

This instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 18th September, 1998 for workers employed in an hotel undertaking anywhere throughout the State

except the County Borough of Cork and the areas known, until 1st January, 1994, as the County Borough of Dublin and the Borough of Dun Laoghaire.

It is made by the Labour Court on the recommendation of the Hotels Joint Labour Committee.

WHEREAS the Labour Court (hereinafter called "the Court"), pursuant to the provisions of

Section 48

of the

Industrial Relations Act, 1990

(hereinafter called "the Act"), made an Employment Regulation Order dated 12th August, 1997 (

S.I. No. 342 of 1997

) (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 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 48 of the Act have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 48 of the Act and

Section 43

(4) of the

Industrial Relations Act, 1946

, hereby Orders as follows:-

(1) This Order may be cited as the Employment Regulation Order (Hotels Joint Labour Committee), 1998.

(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 18th September, 1998 and as from that date the said Order shall be revoked.

SCHEDULE

PART I

Workers to whom this Schedule applies