S.I. No. 144/2004 - Employment Regulation Order (Catering Joint Labour Committee (For Areas Other Than The Areas Known, Until 1St January, 1994, As The County Borough of Dublin and The Borough of Dun Laoghaire), 2004

1. Overtime shall be at the rate of time plus one half, for hours worked in excess of 39 hours per week. Work done on a day on which a worker would normally be off duty, including Sunday, shall be paid for at the rate of double time except where an option to take time off in lieu can be agreed between employer and worker.

2. Each worker shall be made aware of his rostered duty for each period of the rostered duty one week in advance of the commencement of rostered duty. Any hours worked in excess of rostered duty on any day shall be paid for at the overtime rate of time plus one half up to 12.00 midnight, and thereafter at double time.

3. A worker rostered to work night duty between the hours of 12.00 midnight and 7.00 a.m. which is not overtime, or which is not covered by a trade union negotiated shift pay agreement, shall be compensated by the payment of an allowance equivalent to 25% of his basic pay, for hours worked during that period.

4.

Sunday Work

(i) Within the 78 hour fortnight, every second Sunday shall be regarded as a day off.

(ii) Work performed on Sunday, as part of the normal roster, shall be paid at the rate of double time.

5.

Spreadover Duty/Finishing Time

(i) The maximum period for spreadover duty shall not exceed 12 hours in any day, and workers subject to spreadover duty shall be entitled, in each week throughout the year, to one day at a maximum of 8 hours spreadover or 2 days at a maximum of 10 hours spreadover. The short spreadover shall be calculated from normal starting time unless otherwise agreed.

(ii) For workers aged 18 years and over, a minimum period of 11 hours shall elapse between a worker’s normal finishing time each night and starting time next morning.

(iii) Permanent and casual workers aged 16 and 17 years of age shall not be required to work before 6.00 a.m. or after 10.00 p.m.

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

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) Workers aged over 18 shall be entitled to breaks and rest periods in accordance with

the Organisation of Working Time Act, 1997

.

7.

Certificate of Service

Each worker who has accumulated at least a total of the equivalent of six months full time service shall be entitled to the next full time rate provided at least one calendar year has elapsed since he or she commenced on the lower rate.

Each worker shall be entitled to receive from his employer on termination of his employment a certificate of service showing the period of his employment, the length of service and average weekly hours worked in each particular grade in which he or she may have been employed.

Section IV - General

Nothing in this Employment Regulation Order shall be taken to exclude, limit or be in any way inconsistent with the rights of any employee under any statutory enactment.

Section V - Bullying / Harassment / Grievance / Disciplinary Procedures

Each employer will include, in the conditions of employment, details of the procedure to apply in the event of issues arising in relation to bullying/harassment, grievance and discipline. In this regard the codes of practice contained in

S.I. No. 17 of 2002

(Bullying in the Workplace),

S.I. No. 78 of 2002

, Employment Equality Act, 1998 (Code of Practice) (Harassment) Order, 2002 and

S.I. No. 146 of 2000

(Grievance and Disciplinary Procedures) are to be noted.

Dismissal

In the event of a dismissal, the procedures 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 procedures may be bypassed.

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

(b) The procedures will also state that an employee may be represented, at any stage of the disciplinary procedure, by a colleague or Trade Union official of his/her choice.

An employee may wish to challenge a dismissal to a Rights Commissioner, the Labour Relations Commission, the Labour Court, the Equality Authority or the Employment Appeals Tribunal or may pursue the matter under common law.

Given under the Official Seal of the Labour Court this 14th day of April, 2004.

L.S.

(Signed) KEVIN DUFFY

CHAIRMAN

EXPLANATORY NOTE

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

This Instrument fixes, with effect from 23rd April, 2004, statutory minimum rates of remuneration and statutory conditions of employment of certain workers employed in catering establishments anywhere throughout the State except 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 Catering Joint Labour Committee for areas other than the former County Borough of Dublin and the Borough of Dun Laoghaire.

*Time spent on training courses will count as service.

*Time spent on training courses will count as service.

*Time spent on training courses will count as service.

**

Service Charge

— In accordance with the provisions of

the National Minimum Wage Act, 2000

service charge, when distributed to employees through the payroll, can form part of the weekly earnings referred to above.

**

Service Charge

— In accordance with the provisions of

the National Minimum Wage Act, 2000

service charge, when distributed to employees through the payroll, can form part of the weekly earnings referred to above.

**

Service Charge

— In accordance with the provisions of

the National Minimum Wage Act, 2000

service charge, when distributed to employees through the payroll, can form part of the weekly earnings referred to above.

*Per week means a 7 day week.

*Per week means a 7 day week.

*Per week means a 7 day week.

* 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.

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

4. Where a worker has worked on any public holidays throughout the year, the days off in lieu may be taken consecutively or added to the worker’s annual leave.

Section III - Other Conditions of Employment

WHEREAS

the Labour Court (hereinafter called ‘the Court’), pursuant to the provisions of the Industrial Relations Acts, 1946-2001, made an Employment Regulation Order dated 30th September, 2003 (

S.I. No. 460 of 2003

) (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 Catering Joint Labour Committee (for areas other than the areas known, until 1st January, 1994, as the County Borough of Dublin and the Borough of Dun Laoghaire) (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

have been complied with;

NOW, THEREFORE,

the Court, in exercise of the powers conferred on it by

Section 43

(4) of the

Industrial Relations Act, 1946

, and by

Section 48

(4) of the

Industrial Relations Act, 1990

hereby Orders as follows:-

(1) This Order may be cited as the Employment Regulation Order (Catering Joint Labour Committee (for areas other than the areas known, until 1st January, 1994, as the County Borough of Dublin and the Borough of Dun Laoghaire), 2004.

(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 23rd April, 2004 and as from that date the said Order shall be revoked.

NOTE: Enquiries should be addressed to

The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4

(Telephone 01-6136666, Extension Nos. 6639, 6640, 6641 and 6642. “Lo-Call” number (if calling from outside (01) area) 1890 220 228).

SCHEDULE

PART I

WORKERS TO WHOM THIS SCHEDULE APPLIES