S.I. No. 342/1997:

EMPLOYMENT REGULATION ORDER (HOTELS JOINT LABOUR COMMITTEE), 1997

EMPLOYMENT REGULATION ORDER (HOTELS JOINT LABOUR COMMITTEE), 1997

WHEREAS the Labour Court (hereinafter called "the Court"), pursuant to the provisions of Section 48 of the Industrial Relations Act, 1990 (hereinafter called "the Act"), made an Employment Regulation Order dated 10th July, 1996 ( S.I. No. 208 of 1996 ) (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 Act have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 48 of the Act, hereby Orders as follows:

(1) This Order may be cited as the Employment Regulation Order (Hotels Joint Labour Committee), 1997.

(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 19th August, 1997 and as from that date the said Order shall be revoked.

NOTE: Enquiries should be addressed to The Joint Labour Committees Section, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Phone 01-6608444, Extension Nos. 301, 303 and 304).

SCHEDULE

PART I

Workers to whom this schedule applies

1. 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 by the persons carrying on that undertaking and who are engaged in any of the following work, that is to say:

( a ) the preparation of food or drink;

( b ) the service of food or drink;

( c ) the provision of living accommodation;

( d ) the retail sale of goods;

( e ) work incidental to (a), (b), (c) or (d);

( f ) work performed at any office or at any store or warehouse or similar place

BUT EXCLUDING

(i) Managers, assistant managers, trainee managers, receptionists, head store men and housekeepers.

(ii) Workers affected by a Registered Employment Agreement.

2. In this Schedule "hotel" means either:

( a ) a premises registered in the register of hotels, under the provisions of the Tourist Traffic Acts, 1939 to 1995

OR

( b ) a premises licensed under the Licensing Acts, 1833 to 1995 and having not less than 10 apartments normally available for the sleeping accommodation of travellers.

PART II

STATUTORY MINIMUM RATES OF REMUNERATION

Section 1 - Non-Tipping Zone

* Full Board is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

** ( a ) This rate is for a cook/chef who has completed 4 years' training and has passed a CERT qualifying examination.

( b ) This rate is for a trained cook/chef who does not hold a certificate but over a period of time has moved up to a grade A cook.

NOTE: No worker shall suffer a reduction in status or remuneration.

* Full Board is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

** This top rate applies to a worker able and willing, as required, to perform the general work of an hotel not covered in the other job descriptions herein, as part of normal duties.

Section II - Tipping Zone

* Full Board is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

** Guaranteed Gratuities means the minimum sum to be received by a worker from this source in each full week; where the worker receives less than this sum directly, the employer shall make good the deficiency.

NOTE: (i) Workers who have satisfactorily completed their 4th year shall be deemed to be qualified.

(ii) No worker shall suffer a reduction in status or remuneration.

PROVIDED THAT:

Porters who commence employment at 19 years of age shall start at the 2nd year rate.

Porters who commence employment at 20 years of age shall start at the 3rd year rate.

Porters who commence employment at 21 years of age or over shall be paid the full rate.

* Full Board is defined as an entitlement to meals in the hotel on a seven day week basis. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

** Guaranteed Gratuities means the minimum sum to be received by a worker from this source in each full week; where the worker receives less than this sum directly, the employer shall make good the deficiency.

Section III

Persons appointed to the following posts by management shall be paid a differential over the standard rate as indicated:

MINIMUM DIFFERENTIALS

NOTES:

In calculating the statutory minimum rate of remuneration applicable to any of the workers specified in Sections I or II of this Part, the following provisions shall apply:

1. A worker who has completed a full-time hotel training course of six months' duration, under the auspices of CERT or a Vocational Education Committee shall, on commencement of employment, be placed on the appropriate second year scale.

2. A worker who has completed a full-time training course of two years' duration, under the auspices of CERT or a Vocational Education Committee shall, on commencement of employment, be placed on the appropriate third year scale.

3. In any hotel where only junior staff of any of the following categories are employed waiting, cooking and bar staff, house assistants and porter the following provisions shall apply:

( a ) where four juniors are employed, one of the four shall be placed on the next higher scale.

( b ) for each additional three juniors employed, one additional junior shall be placed on the next higher scale.

4. In any hotel where none of the cooking staff is on full rate, one of the cooks shall be paid a rate one year in excess of the highest prevailing rate of any of the cooking staff.

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

Section I - Normal Working Hours

1. During the season the normal working fortnight shall be any 10 days.

2. During the off season the normal working fortnight shall be 10 days, calculated on the basis of alternate Sundays off.

The "Season" means the period commencing on the Sunday before Easter Sunday and ending on the last Sunday in September.

3. The normal number of hours for workers aged 18 years and over in any fortnight shall be 78 hours.

4. Hours of Work for Young People

(i) Young persons aged 14 and 15 may only be employed on holiday work (maximum of 3 5 hours per week) or on work experience (maximum of 40 hours per week). The normal number of hours for young persons on holiday work shall be 70 hours in any fortnight, but must not exceed 35 hours per week, and for young persons on work experience shall be 78 hours in any fortnight, but must not exceed 40 hours per week.

(ii) The normal number of hours for young persons aged 16 or 17 shall be 78 hours in any fortnight but must not exceed 40 hours in any week.

Section - II Holidays

1. Those workers who do not have 19 days' paid leave shall be entitled to a total of 19 days' paid leave in the holiday year 1981 and thereafter. The entitlement to these additional day(s) shall be based on the provisions of the Holidays (Employees) Act, 1973 .

The Holidays (Employees) Act, 1973 also provides for entitlement to Public Holidays as follows: Christmas Day, St. Stephen's Day, New Year's Day, St. Patrick's Day, Easter Monday, the first Monday in May, the first Monday in June, the first Monday in August, and the last Monday in October. Where a worker is required to work on a Public Holiday, he must be given either:

( a ) a day off in lieu with pay within a month, or

( b ) an additional day with pay added to his annual leave, or

( c ) payment for the day equivalent to twice the amount of a full day's pay.

2. Six weeks' notice of intention to allow annual leave shall be given by employers to their workers.

3. 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:

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 basic pay .

3. Sunday Work

(i) Work performed on Sunday, which forms part of the 78 hour rostered fortnight, shall be paid for at double time. The extra pay which is additional to normal pay will be based on the appropriate rate without Board or Lodging.

(ii) When an employee works a fall day on a Sunday which is in addition to the 78 hour rostered fortnight he/she shall receive two additional days' pay based on the rate without Board or Lodging and pro-rata for part days.

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 may not be employed before 6.00 a.m. or after 10.00 p.m. During school holidays and on weekend nights where the young person has no school the next day, 16 and 17 year olds may work up to 11.00 p.m. A young person who works until 11.00 p.m. may not be required to work earlier than 7.00 a.m. the following day.

5. Spread over Duty

(i) The maximum period for spread over duty shall not exceed 14 hours in any day.

(ii) For workers aged 18 years and over, a minimum period of 8 hours shall elapse between a worker's normal finishing time each night and starting time next morning.

* These provisions may be modified in relation to employment of close relatives in a family business.

6. Breaks*

7. Certificate of Service

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

* These provisions may be modified in relation to employment of close relatives in a family business.

** As far as practicable, the days off are to be consecutive.

Given under the Official Seal of the Labour Court this 12th day of August, 1997.

(Signed) TOM MCGRATH

DEPUTY CHAIRMAN

EXPLANATORY NOTE

This instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 19th August, 1997 for workers employed in an 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.