WAITERS IN HOTELS SCHEME - SCHEME NO. 4

SUBSIDIARY LEGISLATION 594.03

WAITERS IN HOTELS SCHEME

- SCHEME NO. 4

7th November, 1952

GOVERNMENT NOTICE 524 of 1952, as amended by Government

Notices 114 of 1953 and 212 of 1957, Act XLIV of 1965, and Legal Notices

32 of 1967, 119 of 1969, 47 and 77 of 1970, and 424 of 2007.

The title of this Scheme is the Waiters in Hotels Scheme -

Scheme No. 4.

In this scheme, unless the context otherwise requires, the

words and expressions used shall have the same meanings as those

assigned to them by the Employment and Training Services Act.

This scheme shall apply to the occupation of waiter in

hotels, which occupation is hereby designated as a calling within

the meaning and for the purposes of the said Act.

No person may be employed as an apprentice under this

scheme unless it is shown to the satisfaction of the Director that

such person has a standard of education at least equivalent to that

of a person who has passed the Fifth Standard of the Primary

Schools.

The employers engaging apprentices under this scheme

shall undertake to teach them and to grant them facilities to learn

all matters of discipline and all routine of service of a waiter in a

first class hotel, including

(i)

method of laying a table and ensuring that

plates, glass and silver are clean and properly

arranged;

(ii) method of securing orders, obtaining delivery

from the kitchen and proper presentation to

clients;

(iii) knowledge of different dishes;

(iv) method of presentation of wines;

(v) taking of orders in writing and making up and

checking of bills.

The period of training shall be of four years divided into

two stages, namely

(i)

the first two years shall be devoted to the duties

commonly known in the hotel trade as those of a

"debarrasseur"; and

(ii) the second two years shall be devoted to the duties

commonly known in the hotel trade as those of

"commis".

The employers shall afford to every apprentice employed

by them under this scheme facilities for attending during the period

of apprenticeship such classes of instruction as the Minister may by

order determine, unless the employers make such arrangements for

the further education of the apprentices as may appear to the

Minister to be sufficient for allowing this requirement to be

dispensed with.

The apprentice shall be bound to attend all classes

determined as aforesaid. Should he fail so to attend on any day

without just cause, the employer shall be entitled to make a

deduction from the wages of the apprentice equivalent to

one-twelfth of the weekly rate in respect of each half day or part

there of of default.

Apprentices employed under this scheme shall be

exempted from the provisions of the Employment of Children

(Regulation) Ordinance * but may not be employed for more than

ten hours in any one day or, if they are under sixteen years of age,

between the hours of 11 p.m. and 6 a.m.

The wages to be paid to the apprentices in the calling to

which this scheme applies shall be as follows

Year

Wages per week

First

€5.82

Second

€8.85

Third

€11.88

Fourth

€14.91.

The hours of work of apprentices employed under this

scheme shall not exceed nine hours in any one day

Provided that employers may employ apprentices on

overtime work with the approval of the Director, who may impose

such conditions as he may deem fit, at the following rates of

remuneration

(a) for all time worked in excess of nine hours daily: time

and a half;

(b) for all time worked in excess of forty-five hours in any

week, exclusive of any time paid for at overtime rates

time and a half;

(c) for all time worked on the weekly day of rest: double

time.

(2) Apprentices under 16 years of age may not be employed

between 11 p.m. of any one day and 6 a.m. of the next following

day.

Apprentices shall be granted one whole day or two twelve

hour periods of rest in every calendar week such periods to end at

noon or to begin at 2p.m. on any day of the week.

*Repealed by the Education Act, Cap. 327.

After completing the first six months of apprenticeship,

apprentices shall be allowed in every calendar year -

(a) fifteen days holidays with pay on customary holidays

or otherwise at the discretion of the employer; and

(b) fifteen days vacation leave with pay to be taken on

days to be agreed on with the employer

Provided that -

(a) when a customary holiday falls on a Sunday or any

other day of rest for the establishment concerned, the

entitlement for leave in respect of that day shall be lost

and

(b) leave may not be availed of on a day when the

apprentice is to attend school for theoretical

instruction.

(1) After completing the first six months of

apprenticeship, apprentices shall be entitled to twenty days sick

leave on full pay in every calendar year less any sickness benefit to

which they may be entitled under the Social Security Act

Provided that a medical certificate certifying incapacity for

work covering the period of absence is produced to the employer,

who may require his medical practitioner to examine the

apprentice.

(2) Apprentices shall not be entitled to the payment of any

wages for the first three days of every period of sick leave

Provided that the number of unpaid days of sick leave shall

not be deducted from the entitlement of paid sick leave.

Apprentices shall be allowed two days paid leave on the

death of any of the following: the wife, husband, mother, father (or

the person who at the time was in fact acting as the mother or

father), son, daughter, brother and sister of the apprentice.

In this scheme unless the context otherwise requires,

"customary holiday" means any one of the following days

Feast of the Circumcision

1st January

Feast of the Epiphany

6th January

Feast of St Paul’s Shipwreck

10th February

Feast of St Joseph

19th March

Good Friday

-

Ascension Day

-

Feast of St Joseph the Worker

1st May

Feast of Corpus Christi

-

Feast of St Peter and St Paul

29th June

Feast of the Assumption of the Blessed Virgin

15th August

Feast of the Nativity of the Blessed Virgin

8th September

National Day

21st September

All Saints Day

1st November

WAITERS IN HOTELS SCHEME - SCHEME NO. 4

Feast of the Immaculate Conception

8th December

Christmas Day

25th December