S.I. No. 359/2009 - Employment Regulation Order (Hotels Joint Labour Committee), 2009

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/her basic pay.

3.

Sunday Work

(i) Work performed on Sunday, shall be paid for at time and a third. The extra which is additional to normal pay will be based on the appropriate rates without Board or Lodging.

(ii) When an employee works on a Sunday which is in addition to the 78 hour rostered fortnight he/she shall be paid time plus one half of the rate without board or lodgings.

(iii) Where, on the coming into effect of this Order, a more favourable rate of payment in respect of Sunday working than those provided for in subparagraphs (i) and (ii) was payable to any worker, such rate shall continue to be payable to that worker unless otherwise agreed between both the Employer and the Employee and/or their Representatives. (Written records of any such Agreements must be retained by the Employer and copies given to the Employee and /or their Representatives).

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 school day, 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.

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

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

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 I — Normal Working Hours

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

12 consecutive hours

(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.

* 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.

7.

Certificate of Service

Each worker shall be entitled to receive from his/her employer on termination of his / her employment a certificate of service showing the period for which he/she was employed and the standing of his/her employment at the date of termination.

8.

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,

10 September 2009.

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 statutory minimum rates of pay and regulates statutory conditions of employment as from 16th September, 2009 for workers employed in a 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.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

11

th September

, 2009.

WHEREAS the Labour Court (hereinafter called ‘the Court’), pursuant to the provisions of the Industrial Relations Acts, 1946-2004, made an Employment Regulation Order dated 19th May, 2008 (

S.I. No. 149 of 2008

) (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

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:-