S.I. No. 174/1966:

EMPLOYMENT REGULATION ORDER (HAIRDRESSING JOINT LABOUR COMMITTEE), 1966.

EMPLOYMENT REGULATION ORDER (HAIRDRESSING JOINT LABOUR COMMITTEE), 1966.

WHEREAS pursuant to the provisions of Section 43 of the Industrial Relations Act, 1946 (hereinafter called " the Act ") the Hairdressing Joint Labour Committee (hereinafter called "the Committee") has submitted to the Labour Court (hereinafter called "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 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 (Hairdressing Joint Labour Committee) 1966.

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 1st day of August, 1966.

SCHEDULE

PART I

WORKERS TO WHOM THIS SCHEDULE APPLIES

1. Workers employed in the County and County Borough of Dublin, the Borough of Dún Laoghaire and the Urban District of Bray in a hairdressing undertaking including hairdressers, apprentice hairdressers, beauticians and manicurists.

2. In this Schedule " hairdressing undertaking " means an undertaking or any part of an undertaking which is wholly or mainly engaged in hairdressing including operations incidental or ancillary thereto.

3. In this Schedule " hairdressing " includes the following operations performed on hair growing on the head, face or neck of a male or female person, that is to say, lathering, shaving, cutting, singeing, shampooing, waving, setting, dressing, tinting, dyeing, bleaching or similar operations.

4. In this Schedule " hairdresser " means a person who is employed on any of the operations of hairdressing set out herein and (a) who has completed the period of apprenticeship prescribed in Part III, Section I hereof, or (b) who, in the opinion of the Hairdressing Joint Labour Committee, has otherwise qualified as a hairdresser.

5. In this Schedule " apprentice " means a male or female worker who is employed on any of the operations of hairdressing set out herein and (a) who (i) has not completed the period of apprenticeship prescribed in Part III Section I hereof and (ii) has received a certificate of registration as an apprentice from the Hairdressing Joint Labour Committee or in respect of whom an application for such certificate has been made and has been duly acknowledged and is still under consideration, or (b) who in the opinion of the Committee has not otherwise qualified as a hairdresser,

PART II

STATUTORY MINIMUM REMUNERATION AND CONDITIONS OF EMPLOYMENT

Section I.--Rates of remuneration.

Payment of hairdressers other than apprentices shall consist of a basic wage plus commission on takings or a basic wage plus an amount in lieu of commission. Where a basic rate plus commission is paid a record of each worker's takings shall be kept by the employer and shall be made available to the worker for the purpose of verifying the amount of commission due to him or her each week.

(a) Ladies Hairdressing :

(b) Gentlemen's Hairdressing :

For any period other than those mentioned above payment shall be made at the daily rate, viz., £2 per day.

For the purpose of this paragraph the term " takings " shall mean all takings other than those on sales of proprietary goods.

(c) Beauticians and Manicurists :

Plus 10% commission on all takings.

(d) Apprentices :

The rates for apprentices shall be as follows :--

Section 2.--Hours of Work.

(a) The total number of hours to be worked in any week by workers of 18 years of age or over shall not exceed 44 hours and in the case of workers under 18 years shall not exceed 40 hours.

(b) The total number of hours to be worked on any day other than the short day shall not exceed 9 hours.

(c) The total number of hours to be worked on the short day shall not exceed 4 hours.

(d) No worker shall be required to commence work earlier than 9 a.m. on any day, nor work later than 7 p.m. except on one day each week when he may be required to work until 8 p.m. Where he is required to work until 8 p.m. on one day of the week he shall be permitted to finish work one-and-a-quarter hours before normal finishing time on one other day of the week except in establishments where a five-day week operates. On the short day no worker shall be required to work later than 1 p.m.

(e) After normal finishing time on any day no worker shall be detained longer than the 10 minutes required for tidying up unless a case of emergency arises whereby customers who entered the premises prior to closing time remain unattended to after that time, but even in such circumstances no worker shall be detained longer than one half hour beyond the normal finishing time.

(f) No worker shall be required to work on Sundays.

Section 3.--Holidays.

Workers in relation to whom the Hairdressing Joint Labour Committee operates shall be granted holidays in accordance with the provisions of the Holidays (Employees) Act, 1961 .

Section 4.--Meal Times.

(a) All workers shall be entitled on each full working day to not less than one hour off for lunch, but those employed in establishments which remain open for the serving of customers later than 6.30 p.m. shall be allowed one-and-a-quarter hours for lunch and not more than 15 minutes for tea.

(b) For the purpose of partaking of a light meal on the employers' premises, each worker shall be allowed a short period of not more than 15 minutes off work each day as from 11 a.m. in the case of such workers whose regular lunch-time commences at 1.30 p.m. or later, and as from 4 p.m. in the case of such workers whose regular lunch time commences earlier than 1.30 p.m.

(c) Each worker shall be permitted to go for lunch each day at a definite fixed time, not earlier than 12 noon, nor later than 2.30 p.m. and shall not be compelled to go for lunch on any day earlier than that fixed time nor be debarred from going thereof until after that time.

Note : The time off for lunch shall not count as time worked but the time off for tea and for the light meal mentioned herein shall be included as time worked.

Section 5.--Minimum Period of Employment

(a) The minimum period for which any person may be employed in Ladies' Hairdressing or in connection therewith, other than a person temporarily employed during the absence from work of a regular worker through illness or other cause, or by mutual agreement between the employer and worker, shall be one full working week.

(b) The minimum period for which any person may be employed in Gentlemen's Hairdressing, other than a person temporarily employed in fulfilment of a contract with the Executive Authority of a College or other Institution or during the absence from work of a regular worker through illness or other cause, or by mutual agreement between the employer and worker, shall be three full working days (in which may be counted the day on which a weekly half-holiday occurs).

(c) Excepting persons temporarily employed during the absence from work of regular workers whilst sick or on holidays, no worker shall be employed in any establishment for longer than four weeks on a temporary basis, so that each worker referred to in this Schedule shall be deemed to be employed on a permanent basis if continued in the employment of any establishment for a longer period than twenty four consecutive working days.

Section 6.--Other Conditions of Employment

(a) Workers shall co-operate in keeping clean and tidy the entire saloon during working hours ; this work shall not include scrubbing, laundry work or washing of walls.

(b) No person other than a hairdresser or an apprentice shall be permitted to act as shampooist or helper or to render to a customer any hairdressing service whatever.

(c) All hairdressers and apprentices shall supply their own saloon-coats, except those employed by firms which insist on a certain uniform type of saloon-coat being worn ; in such cases the saloon-coats shall be provided at the employer's expense.

(d) Each female hairdresser and apprentice shall be allowed during slack periods or after working hours sufficient time and facility to have her hair dressed and personal grooming attended to in the establishment where employed at least once in each period of two weeks.

(e) The following shall constitute the "kit " to be provided and maintained by each hairdresser in the Ladies' Hairdressing :

3 combs (Tail-comb, Setting-comb and Cutting-comb) ;

2 pairs of Scissors--Tapeing Scissors and Cutting Scissors ;

1 Razor ;

1 Neckbrush ;

Rollers and clips (Initial supply to be provided by the employer).

(f) The following shall constitute the " kit " to be maintained by each male hairdresser in the Gentlemen's Hairdressing :

3 Razors, 2 pairs of Scissors, 2 Combs, 1 Neckbrush.

All other items of equipment, including strops, shall be provided by the employer.

PART III

CONDITIONS GOVERNING APPRENTICESHIP

Section 1.--Period of Apprenticeship

The period of employment by way of apprenticeship shall be 4 years commencing on the date on which the worker is first employed :

Provided that--

(a) The appropriate period of employment by way of apprenticeship shall in every case be reduced by deducting therefrom any period prior to the date on which this Order becomes effective during which the worker concerned was employed on any of the operations of hairdressing set out in Part I of this Schedule.

(b) An employer may employ an apprentice on his or her first employment for a probationary period not exceeding one month without a certificate of Registration but in the event of such apprentice being continued thereafter in employment the probationary period shall be included in the period of apprenticeship.

(c) Where an apprentice is, through illness, continuously absent from employment for a period in excess of one month, the appropriate year of his or her employment by way of apprenticeship may be extended by a period equal to such excess period at the discretion of the Hairdressing Joint Labour Committee.

Section II.--Number of Apprentices

(a) Ladies' Hairdressing

The number of apprentices employed shall not exceed one apprentice to every one hairdresser employed.

(b) Gentlemen's Hairdressing :

The number of apprentices employed shall not exceed one apprentice to the first one or two hairdressers employed and thereafter one additional apprentice to every two hairdressers employed in excess of the first two.

Section III.--Registration

(i) An employer who wishes to employ a worker as an apprentice must apply to the Hairdressing Joint Labour Committee for the registration of the worker. Application must be made even though the worker was previously registered as an apprentice in the trade. The Committee shall in due course issue a certificate of Registration to the said employer.

(ii) The employer shall furnish to the Committee such information as it may require to enable it to consider the application for registration.

(iii) The employer shall safely keep the Certificate of Registration and shall produce it on request to an Inspector duly appointed by the Minister for Industry and Commerce under Part IV of the Industrial Relations Act, 1946 , or to the Committee. He shall also surrender it to the apprentice when leaving his employment and shall enter on it the date of termination of employment.

PART IV

APPOINTMENT OF A SUB-COMMITTEE

The Hairdressing Joint Labour Committee may, if it thinks fit, refer to a Sub-Committee appointed under the provisions of paragraph 8 of the Second Schedule to the Industrial Relations Act, 1946 , applications made to it for the registration of apprentices and may also, if it thinks fit, delegate to the Sub-Committee so appointed any or all of the powers and duties thereunder and the expression " Committee " used in Part III, Section III of this Schedule shall include the Sub-Committee so appointed.

GIVEN under the Official Seal of the Labour Court this 20th day of July, 1966.

D. MacDIARMADA,

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

EXPLANATORY NOTE

This Instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 1st August, 1966, for workers employed in the Hairdressing Trade in the County and County Borough of Dublin, the Borough of Dún Laoghaire and the Urban District of Bray. It is made by the Labour Court on the recommendation of the Hairdressing Joint Labour Committee.