Employment Regulation Order [Catering Joint Labour Committee (For the Areas Known Until 1St January, 1994 As the County Borough of Dublin and the Borough of Dun Laoghaire)], 2007

• Jurisdiction: Ireland
• Citation: IR SI 228/2007
• Year: 2007

S.I. NO. 228 OF 2007

EMPLOYMENT REGULATION ORDER [CATERING JOINT LABOUR COMMITTEE (FOR THE AREAS KNOWN UNTIL 1ST JANUARY, 1994 AS THE COUNTY BOROUGH OF DUBLIN AND THE BOROUGH OF DUN LAOGHAIRE)], 2007

WHEREAS the Labour Court (hereinafter called “the Court”), pursuant to the provisions of the Industrial Relations Acts, 1946-2004, made an Employment Regulation Order dated 17th November, 2005 (S.I. No. 723 of 2005) (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 Catering Joint Labour Committee (for the areas known until 1st January, 1994 as the County Borough of Dublin and the Borough of Dun Laoghaire) (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 Industrial Relations Act, 1990 have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 43(4) of the Industrial Relations Act, 1946 and by Section 48(4) of the Industrial Relations Act, 1990 hereby Orders as follows:-

(1) This Order may be cited as the Employment Regulation Order [Catering Joint Labour Committee (for the areas known until 1st January, 1994 as the County Borough of Dublin and the Borough of Dun Laoghaire)], 2007.

(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 18th May, 2007 and as from that date the said Order shall be revoked.

Note: Enquiries should be addressed to The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Telephone 01-6136666, Extension Nos. 6639, 6640, 6641 and 6642. “Lo-call” number (if calling from outside (01) area) 1890 220 228).

SCHEDULE

PART I

WORKERS TO WHOM THIS SCHEDULE APPLIES

1. Workers employed in a catering establishment anywhere throughout the areas known until 1st January, 1994 as the County Borough of Dublin and the Borough of Dun Laoghaire who are engaged on any of the following work, that is to say:-

(a) the preparation of food or drink;

(b) the service of food or drink;

(c) work incidental to (a) or (b) and performed at any store or warehouse or similar place in the catering establishment.

BUT EXCLUDING

(i) Workers affected by any Employment Agreement, that is “an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union of workers and an employer or trade union of employers or made, at a meeting of a registered joint industrial council, between members of the council representative of workers and members of the council representative of employers”.

(ii) Workers to whom an Employment Regulation Order, made as a result of proposals received from another Joint Labour Committee, applies.

(iii) Managers, assistant managers and trainee managers.

2. In this Schedule “Catering Establishment” means a premises or part of a premises primarily used for supplying for reward to any persons, not for the time being resident on the premises, food or food and drink for consumption on the premises, including fish and chip shops and ice cream parlours.

BUT EXCLUDING

(i) premises registered in the register of hotels, under the provisions of the Tourist Traffic Acts, 1939 - 1998.

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

PART II

DEFINITION OF JOB CLASSES AND STATUTORY MINIMUM RATES OF REMUNERATION PER WEEK.

1. Classes of workers

(a) Chef/Cook - A person who is primarily engaged/employed in both the preparation and cooking of food for service to the public and/or staff, and other duties.

(b) Waiting/Barperson - A person who is employed for the sole purpose of engagingin the service of food at table, the preparation and/or service of alcoholic drinks and/or other beverages.

(c) Clerical Person - A person who is employed for the sole purpose of engaging in clerical, reception and/or cashier duties.

(d) General Assistant - Any person employed in a catering establishment in any position other than those defined as above.

(e) Part-time Employee - A part-time employee means an employee whose normal hours of work are less than the normal hours of work of a comparable employee in relation to him/her.

(f) Casual Employee - A casual employee is a part-time employee who works on a casual basis. Under the Protection of Employees (Part-Time Work) Act 2001, a part-time employee is considered as working, at a particular time, on a casual basis if at that time:-

(i) he or she has been in the continuous service of the employer for a period of less than 13 weeks, and that period of service and any previous period of service by him or her with the employer are not of such a nature as could reasonably be regarded as regular or seasonal employment,

or

(ii) if he or she fulfils, at that time, the conditions specified in an approved collective agreement (as defined in section 11 (5) of the Act) that has effect in relation to him or her, and regards him or her for the purposes of that agreement as working on a casual basis.

2. Statutory minimum rates of remuneration

From 18th May 2007 From 1st July 2007 From 1st May 2008 From 1st November 2008 Per Week Per Week Per Week Per Week (a) Chef/Cook 1st Year of training (75% of full rate) €258.17 €264.63 €271.25 €278.03 2nd Year of training (80% of full rate) €275.38 €282.27 €289.33 €296.56 3rd Year of training (90% of full rate) €309.81 €317.56 €325.49 €333.63 Trained - full rate €344.23 €352.84 €361.66 €370.70 (b) Waiter/Waitress Barperson 1st 8 months of training (75% of full rate) €251.91 €258.21 €264.67 €271.28 2nd 8 months of training (80% of full rate) €268.70 €275.42 €282.31 €289.37 3rd 8 months of training (90% of full rate) €302.29 €309.85 €317.60 €325.54 Trained - full rate €335.88 €344.28 €352.89 €361.71 (c) Clerical Person €335.88 €344.28 €352.89 €361.71 (d) General Assistant €335.88 €344.28 €352.89 €361.71 Under 18 years of age (80% of full rate) €268.70 €275.42 €282.31 €289.37

The above rates are subject to the provisions and terms of the National Minimum Wage Act, 2000.

NOTES: Time spent on relevant training courses will count as service.

(i) The maximum amount which may be deducted from any worker in respect of board is €2.00 per day where meal/meals are supplied.

(ii) Incremental movement up the scale for both full time and part-time employees will be on the anniversary of the commencement of the employment.

3. Part-time or Casual workers

Any part-time or casual worker shall be paid pro-rata at the hourly equivalent of the weekly rate relative to his/her particular category of employment. No part-time or casual worker will be employed for less than 4 hours per shift.

4. Service Charge

Service charge, where levied, will be distributed among all staff excluding all management personnel and trainee managers. Service charge will be paid on the payroll system covering service charges collected in the corresponding pay period, but not less frequently than on a monthly basis.

PART III

STATUTORY CONDITIONS OF EMPLOYMENT

Section I - Normal Working Hours:

The normal working fortnight shall be 78 hours for all full-time employees aged 18 years and over, over a minimum of 8 days and a maximum of 10 days.

Normally, staff may be rostered for a maximum of 10 hours per day, before overtime, but this may be extended to a maximum of 12 hours, with the agreement of the individual employer and employee.

In this industry, it is a common practice for certain employees to work in more than one employment...