S.I. No. 3/1958:

EMPLOYMENT REGULATION ORDER (GENERAL WASTE MATERIALS RECLAMATION JOINT LABOUR COMMITTEE) 1958.

EMPLOYMENT REGULATION ORDER (GENERAL WASTE MATERIALS RECLAMATION JOINT LABOUR COMMITTEE) 1958.

WHEREAS the Labour Court (hereinafter called " the Court ") pursuant to the provisions of Section 43 of the Industrial Relations Act, 1946 (hereinafter called " the Act ") made the Employment Regulation Order (General Waste Materials Reclamation Joint Labour Committee), 1955, dated the 22nd day of November, 1955 (hereinafter called " the said Order ") fixing the minimum rates of remuneration and regulating the conditions of employment of workers in relation to whom the General Waste Materials Reclamation 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 minimum rates of remuneration and regulating the conditions of employment of workers in relation to whom the Committee operates ;

AND WHEREAS the provisions of section 43 of the act have been complied with ;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by section 43 of the act hereby orders as follows :--

(1) This Order may be cited as the Employment Regulation Order (General Waste Materials Reclamation Joint Labour Committee), 1958.

(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 the 11th day of January, 1958, and as from that date the said Order shall be revoked.

SCHEDULE.

PART I.

GENERAL MINIMUM TIME RATES FOR ALL WORKERS.

SECTION I--MALE WORKERS.

Section II--Female Workers.

Note: For the purpose of calculating the General Minimum Time-Rate payable to a worker in respect of each hour of employment the appropriate weekly rate set out above must be divided in the case of a worker of 18 years or over by Forty-five and in the case of a worker whose age is less than 18 years by Forty.

PART II.

NORMAL WORKING HOURS AND OVERTIME RATES.

Section I :--The normal number of hours to be worked by workers in relation to whom the Committee operates shall be as follows :--

(a) For that class of workers who customarily attend on six days a week :--

(b) For that class of workers who customarily attend on five days a week :--

Provided That--

(i) All time worked on Sunday and Customary Public or Statutory Holidays by a worker of either of the classes(a) or (b) above, and all time worked on the weekly holiday by a worker of class(b), shall be regarded as Overtime to which the Overtime Rates shall apply.

(ii) The Overtime Rates shall be payable in respect of all time worked on any day in excess of the declared normal number of hours of work for that day notwithstanding that the number of hours worked in the week does not exceed the declared normal number of hours of work for the week.

(iii) The Overtime Rates shall be payable in respect of all time worked in any week in excess of the declared normal number of hours of work for that week except in so far as the Overtime Rate is payable under the provisions of the preceding paragraphs of this Section.

Section II :--The Minimum Rates for Overtime to apply in respect of hours worked by Male or Female Workers whether employed on Time-work or on Piece-work, in excess of the declared normal number of hours of work shall be as follows:--

(a) For the first two hours of Overtime on any day, except Sunday and Customary Public or Statutory Holidays, the Overtime Rate shall be one-and-a-quarter times the Minimum Rate otherwise applicable, i.e.,Time-and-a-Quarter.

(b) For Overtime after the first two hours of Overtime on any day, except Sunday and Customary Public or Statutory Holidays, the Overtime Rate shall be one-and-a-half times the Minimum Rate otherwise applicable, i.e.,Time-and-a-half.

(c) For all hours worked on Sunday and Customary Public or Statutory Holidays, the Overtime Rate shall be twice the Minimum Rate otherwise applicable, i.e.,Double Time.

(d) For all hours worked in any week in excess of the declared normal number of hours for the week, the Overtime Rate shall be Time-and-a-Quarter except in so far as higher Overtime Rates are payable under the provisions of paragraphs (b) and (c)of this section.

PART III.

HOLIDAYS AND HOLIDAY REMUNERATION.

Workers in relation to whom the Committee operates, and who qualify for annual leave under Section 10 of the Holidays (Employees) Act, 1939 , shall in addition to the seven consecutive whole holidays prescribed therein be granted a further period of seven consecutive whole holidays, and the payment in respect of this further period shall be calculated in the same manner as that for the statutory period provided by that Act.

PART IV.

WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES.

The above minimum rates of wages shall apply,subject to the provisions of the Industrial Relations Act, 1946 , to all workers, in respect of any time during which they are employed in any Branch of the Trade specified in the Trade Boards(Waste Materials Reclamation) Order, 1920, that is to say:--

1. The collecting, sorting or grading of the following materials :--Rags ; waste paper ; paper stock ; woollen, worsted, cotton, jute,flax, hemp or other textile waste ; textile clippings or cuttings; used bags, sacks or sacking ; scrap rubber ; scrap iron or other scrap metal ; fur cuttings ; rabbit skins ; bones or fat ; used tins ; broken glass or earthenware.

2. The collecting, sorting or grading of the following articles when collected, sorted or graded in association with or in conjunction with the collecting, sorting or grading of the waste materials specified above :-- Discarded clothing (including head-gear or foot-gear) ; discarded textile articles ; old ropes ; used bottles or used jars.

3. The following operations when carried on in association with or in conjunction with the collecting, sorting or grading of any or all of the waste materials specified in (1) above :-- The ripping of worn clothes for rags ; the picking of old ropes ; the trimming of paper salvage ; the washing of used bottles or used jars ; the washing of used tins ; the breaking of scrap metal ; the drying of rabbit skins ; the making or repairing of sacks or bags ; the willowing, pulling, scouring, carbonising or putting down mixings of textile waste.

4. The operations of receiving, packing, compressing, teagling, craning, despatching or warehousing when carried on in association with or inconjunction with any of the above-mentioned operations ; but excluding :--

(a) any of the above-mentioned operations when carried on in the establishments in which the waste materials are produced, or in which they are used as raw materials for further manufacture ;

(b) the making or repairing of sacks or bags when carried on in a factory or workshop engaged solely or mainly in the making or repairing of sacks or bags ;

(c) the collecting, sorting, grading or drying of rabbit skins when carried on in an establishment in which such operations are the main or principal business or when carried on in or in association with or in conjunction with any business, establishment, branch or department engaged in the manufacture of hatters' fur ;

(d) (i) the collecting, sorting or grading of cotton waste when carried on in an establishment in which such operations are the main or principal business ;

(ii) any of the operations included in paragraphs 1, 2, 3 and 4 above, other than the operations specified in paragraph (d) (i) above, when carried on in or in association with or in conjunction with any establishment of the kind specified in sub-paragraph (i) above.

PART V.

GENERAL.

In the case of workers employed on Piece-work,each piece-rate must be such as will yield in the circumstances of the case to an ordinary worker, not less than the appropriate statutory minimum remuneration. In determining whether any piece-rate satisfies this condition regard must be had only to the earnings of ordinary workers, i.e., workers of ordinary skill and experience in the class of work in question and not to the earnings of workers of less than ordinary skill and experience, e.g.,learners and infirm workers.

GIVEN under the Official Seal of the Labour Court this 4th day of January, 1958.

(Signed) E. DE BÚRCA.

A person authorised under section 18 of the Industrial Relations Act, 1946 , to authenticate the Seal of the Court.

EXPLANATORY NOTE.

This Instrument fixes new minimum rates of pay as from the 11th January, 1958, for workers employed in the General Waste Materials Reclamation Trade. It is made by the Labour Court on the recommendation of the General Waste Materials Reclamation Joint Labour Committee.