S.I. No. 283/1999 - Employment Regulation Order (Hotels Joint Labour Committee), 1999.

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 cannot work between the hours of 10 p.m. and 6 a.m., except where the Minister is satisfied that special circumstances exist and the day in question is not the day before a schoolday, in which case they may not work between the hours of 11 p.m. and 7 a.m.

5.

Spreadover Duty

This issue is covered by the

Organisation of Working Time Act, 1997

. Compensatory rest allowances will be applied in accordance with that Act.

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.

GIVEN under the Official Seal of the Labour Court, this 10th day of September, 1999.

(Signed) FINBARR FLOOD,

Chairman.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 21st September, 1999 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 Dún Laoghaire. It is made by the Labour Court on the recommendation of the Hotels Joint Labour Committee.

Note

Enquiries should be directed to The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Phone 01-6136666, Extension Nos. 6639, 6640 and 6641. “Lo-call” number (if calling from outside (01) area) 1890 220 228).

*

Full Board

is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

**(

a

) This rate is for a cook/chef who has completed 4 years' training and has passed a CERT qualifying examination.

(

b

) This rate is for a trained cook/chef who does not hold a certificate but over a period of time has moved up to a grade A cook.

*

Full Board

is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

**(

a

) This rate is for a cook/chef who has completed 4 years' training and has passed a CERT qualifying examination.

(

b

) This rate is for a trained cook/chef who does not hold a certificate but over a period of time has moved up to a grade A cook.

*

Full Board

is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

** This top rate applies to a worker able and willing, as required, to perform the general work of an hotel not covered in the other job descriptions herein, as part of normal duties.

** This top rate applies to a worker able and willing, as required, to perform the general work of an hotel not covered in the other job descriptions herein, as part of normal duties.

** This top rate applies to a worker able and willing, as required, to perform the general work of an hotel not covered in the other job descriptions herein, as part of normal duties.

*

Full Board

is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

** This top rate applies to a worker able and willing, as required, to perform the general work of an hotel not covered in the other job descriptions herein, as part of normal duties.

** This top rate applies to a worker able and willing, as required, to perform the general work of an hotel not covered in the other job descriptions herein, as part of normal duties.

** This top rate applies to a worker able and willing, as required, to perform the general work of an hotel not covered in the other job descriptions herein, as part of normal duties.

*

Full Board

is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

**

Guaranteed Gratuities

means the minimum sum to be received by a worker from this source in each full week; where the worker receives less than this sum directly, the employer shall make good the deficiency.

*

Full Board

is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

**

Guaranteed Gratuities

means the minimum sum to be received by a worker from this source in each full week; where the worker receives less than this sum directly, the employer shall make good the deficiency.

*

Full Board

is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

** This top rate applies to a worker able and willing, as required, to perform the general work of an hotel not covered in the other job descriptions herein, as part of normal duties.

*

Full Board

is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

** This top rate applies to a worker able and willing, as required, to perform the general work of an hotel not covered in the other job descriptions herein, as part of normal duties.

* Provisions 4(ii) and 4(iii) above may be modified in relation to the employment of close relatives in a family business.

* Provisions 6(i) and 6(ii) above may be modified in relation to the employment of close relatives in a family business.

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

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

3. Six weeks' notice of intention to allow annual leave shall be given by employers to their workers.

4. 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

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

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 11th September, 1998 (

S.I. No. 330 of 1998

) (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), 1999.

(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 21st September, 1999 and as from that date the said Order shall be revoked.

SCHEDULE

PART I

Workers to whom this Schedule applies