S.I. No. 258/1975:

EMPLOYMENT REGULATION ORDER (BOOT AND SHOE REPAIRING JOINT LABOUR COMMITTEE), 1975

EMPLOYMENT REGULATION ORDER (BOOT AND SHOE REPAIRING JOINT LABOUR COMMITTEE), 1975

WHEREAS the Labour Court (hereinafter called "the Court") pursuant to Section 43 of the Industrial Relations Act, 1946 , made Employment Regulation Order (Boot and Shoe Repairing Joint Labour Committee), 1974 dated 6th November, 1974 ( S.I. No. 328 of 1974 ) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the conditions of employment of workers in relation to whom the Boot and Shoe Repairing 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 (Boot and Shoe Repairing Joint Labour Committee), 1975.

(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 November, 1975, and as from that date the said order shall be revoked.

SCHEDULE

PART I

STATUTORY MINIMUM TIME-RATES FOR MALE AND FEMALE WORKERS

SECTION I.--The Minimum Time-Rates for Managers or Supervisors

A Manager or Supervisor (male or female) employed on piece-work must be paid at not less than the statutory minimum time-rate in any case where his/her earnings on piece-work are less than such rate.

SECTION II.--The Minimum Time-Rates for Male and Female Workers other than Managers or Supervisors (Male or Female) shall be:

Fourth Phase

The Fourth Phase increase--which shall be applied to the basic rate as at the end of the third phase--shall be in accordance with the fourth phase of the National Wage Agreement 1975 as in force on the operative date of the fourth phase.

SECTION III.--Provision for Late Entrants

Persons entering the Trade for the first time having reached the age of 16 years shall not be entitled to demand the minimum rate applicable to their age until they have had six months experience in the trade. During this period they shall receive a commencing rate not less than 60 % of the minimum rate otherwise applicable.

PART II

Operatives on Piece Work

An employer may at his discretion introduce piece-work into his firm for periods of not less than one week at a time. If a worker is paid on the basis of piece-work his rate of pay shall be at least 25 % above the general minimum time-rate. If a worker who is normally employed on piece-work ceases to be so employed he shall be paid at a rate of not less than the general minimum time-rate which in these circumstances shall be the piece-work basis time rate.

PART III

SECTION I--Normal Working Hours and Overtime Rates

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

SECTION II--The Minimum Rate for Overtime to apply in respect of Hours Worked by a Worker, whether employed on Time-Work or on Piece-Work, in excess of the declared Normal Number of Hours of Work shall be as follows:--

One-and-a-half times the Minimum Rate otherwise applicable, i.e. time-and-a-half.

SECTION III

Workers who qualify for payment under the Holidays (Employees) Act, 1973 , shall be paid for all time worked on a Public Holiday, at a rate of not less than three times the normal rate, subject to a minimum payment for four hours, or at a rate of not less than twice the normal rate plus one day in lieu, subject to the provision that such workers will be remunerated at not less than that provided by the Holidays Employees Act, 1973 .

PART IV

DEFINITION OF WORKERS

SECTION I--A Manager or Supervisor (Male or Female)

A Manager or Supervisor (male or female) is a worker (a) who exercises sole supervising authority over all workers exceeding three in number (excluding the said Manager or Supervisor) working in the same shop or department or (b) who (whether working alone or with any other worker) under the terms of his/her employment, in addition to any work which may be required of him/her, fits up or supervises the fitting-up of the work and has control of the repairing or making and the technical direction thereof.

SECTION II--Trade

The above statutory Minimum Remuneration shall be payable subject to the provisions of the Industrial Relations Act, 1946 , and of this Schedule, to all workers specified in this Schedule in respect of any time during which they are employed in any Branch of the Trade specified in the Trade Board's (Boot and Shoe Repairing) Order, 1919, that is to say, the repairing wherever carried on of boots, shoes, slippers and all kinds of footwear, including the making of bespoke handsewn riveted or pegged footwear, but excluding the manufacture of footwear on a large scale, the repairing of saddlery and leather goods other than footwear, and the retailing of footwear.

PART V

WAITING TIME

A worker must be paid not less than the appropriate Minimum Rate in respect of all time during which he is present on the employer's premises unless the employer can prove that such worker was so present (a) without the employer's consent, express or implied, or (b) for some purpose unconnected with his work and other than waiting for work to be given to him to perform or unless the worker was present (c) only by reason of the fact that he was resident on the premises or (d) during normal meal hours in a room or place in which no work is being done.

A worker employed on piece-work is deemed during "waiting time" to have been employed at the General Minimum Time-Rate applicable.

PART VI

ANNUAL HOLIDAYS

Workers who are entitled to two weeks holidays under the Holidays Employees Act, 1961 shall be entitled to three weeks annual leave-- two weeks of which shall be consecutive. The extra days shall be taken either consecutively or in broken periods at such time as may be agreed between the workers and the employer. Cesser pay shall be calculated as a proportion of three weeks holidays.

PART VII

SERVICE PAY

Male and Female Workers who have been in continuous employment with the one employer to be granted Service Pay as follows:--

GIVEN under the Official Seal of the Labour Court this 10th day of November, 1975.

(Signed) 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 new minimum rates of pay and regulates conditions of employment as from 11th November, 1975 for workers employed in the Boot and Shoe Repairing Trade. It is made by the Labour Court on the recommendation of the Boot and Shoe Repairing Joint Labour Committee.