Employment Regulation Order [Catering Joint Labour Committee (For the Areas Other Than the Areas Known Until 1St January, 1994 As the County Borough of Dublin and the Borough of Dun Laoghaire)], 2009

• Jurisdiction: Ireland
• Citation: IR SI 217/2009

S.I. No. 217 of 2009

EMPLOYMENT REGULATION ORDER [CATERING JOINT LABOUR COMMITTEE (FOR THE AREAS OTHER THAN THE AREAS KNOWN UNTIL 1ST JANUARY, 1994 AS THE COUNTY BOROUGH OF DUBLIN AND THE BOROUGH OF DUN LAOGHAIRE)], 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th June, 2009.

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 12th May, 2008 ( S.I. No. 142 of 2008 ) (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 other than 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 other than the areas known until 1st January, 1994 as the County Borough of Dublin and the Borough of Dun Laoghaire)], 2009.

(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 29th June, 2009 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, 6641 and 6642. “Lo-call” number (if calling from outside (01) area) 1890 220 228).

Contents

PART 1 — Scope and Definitions

1. Workers to whom this Order applies

2. Exclusions from scope of this Order

3. Definitions

PART 2 — Pay

4. Definitions of Job Classes

5. Minimum Weekly Rates of Pay

6. Provision relating to Twelve Months’ Initial Rate

7. Part-time or Casual Workers

8. Board and Lodgings

9. Service Charges and Gratuities

10. Overtime

11. Sunday Work

12. Night Duty

PART 3 — Minimum Conditions of Employment

13. Normal Working Hours

14. Annual Leave and Public Holidays

15. Spreadover Duty / Starting and Finishing Time

16. Breaks and Rest Periods

17. Sick Pay Scheme

18. Certificate of Service

19. Bullying / Harassment / Grievance / Disciplinary Procedures

20. Day Release Training

21. Notice of Termination

PART 4 — General Provisions

General

ANNEX — Definitions of Job Classes

PART 1 — Scope and Definition

1. Workers to whom this Order applies

This Order shall apply to workers employed in a catering establishment anywhere throughout the State except Dublin and Dún 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.

2. Exclusions from scope of this Order

This Order shall not apply to

(a) workers affected by any employment agreement,

(b) workers to whom an Employment Regulation Order, made as a result of proposals received from a Joint Labour Committee other than the Catering Dublin and Dun Laoghaire Joint Labour Committee, applies,

(c) managers, assistant managers and trainee managers.

3. Definitions

In this Schedule

(a) “Catering Establishment” means a premises in respect of which a publican’s licence (spirit retailers on-licence) under the Licensing Acts,1833 to 1995, is held and which serves hot food for consumption onthe premises, and a premises or part of a premises primariliy 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 — 2003.

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

(b) “Dublin” means the area known until 1st January, 1994 as the County Borough of Dublin.

(c) “Dún Laoghaire” means the area known until 1st January, 1994 as the Borough of Dún Laoghaire.

(d) “Employment agreement” means 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.

(e) “Training” means training as provided for in Section 16 of the National Minimum Wage Act, 2000 .

PART 2 — Pay

4. Definitions of Job Classes

The definitions of the job classes for which minimum rates of pay are set in Paragraph 5 are included in the Annex to this Schedule.

5. Minimum Weekly Rates of Pay

A. CHEF / COOK

From 29th June 2009During First Year of Training (75% of Full Rate) During Second Year of Training(80% of Full Rate) During Third Year of Training(90% of Full Rate) Trained (Full Rate) Under 18 Years of Age(70% of Full Rate) €278.03€296.56€333.63 €370.70 €259.49

B. HEAD CHEF / COOK

From 29th June 2009 €386.96

C. 2nd HEAD CHEF / 2nd COOK / SOUS CHEF

From 29th June 2009Full RateTwelve Months’ Initial Rate(90% of Full Rate) €379.19€341.27

D. WAITER/WAITRESS/BARPERSON

From 29th June 2009 During First 8 months of Training(75% of Full Rate)During Second 8 months of Training(80% of Full Rate)During Third 8 months of Training(90% of Full Rate)Trained (Full Rate)Under 18 Years of Age(70% of Full Rate) €272.47 €290.63 €326.96€363.28€254.30

E. HEAD WAITER / HEAD WAITRESS / HEAD BARPERSON 2nd HEAD WAITER / 2nd HEAD WAITRESS 2nd HEAD BARPERSON

From 29th June 2009Full RateTwelve Months’ Initial Rate(90% of Full Rate) €363.28€326.96

F. CLERICAL WORKER GENERAL WORKER SHORT ORDER / FAST SERVICE COOK COUNTER ASSISTANT

From 29th June 2009Full RateTwelve Months’ Initial Rate(90% of Full Rate)Under 18 Years of Age(70% of Full Rate) €363.28€326.96€254.30

6. Provisions relating to Twelve Months’ Initial Rate

(a) Where the rate described as the “twelve months’ initial rate” is payable to any class of worker in accordance with the provisions of paragraph 5, that rate shall be calculated at 90% of the appropriate full rate for that class of worker after the appropriate deduction, if any, has been made from that full rate in accordance with the provisions of paragraph 8.

(b) The twelve months’ initial rate applies to workers for the first twelve months of employment in any of the relevant job classes by any employer.

(c) This rate does not apply, or will cease to apply, two years after the date of an employee’s first employment over age 18, irrespective of the employer with whom, or the sector in which, the employee was employed.

7. Part-time or Casual Workers

Any part-time or casual worker shall be paid pro-rata at the hourly equivalent of the weekly rate appropriate to his/her particular class category of employment, as set out in Paragraph 5. The hourly rate is calculated by dividing the relevant full time weekly rate by 39.

8. Board and Lodgings

(a) If a worker employed in a catering establishment receives board and lodgings, board only or lodgings only from his/her employer, an appropriate amount, as follows, may be deducted from his or her pay:

Per Week Per Day for full board and lodgings €54.13 €7.73 for full board only €32.14 €4.60 for lodgings only €21.85 €3.14

Where partial board is provided, the employer may deduct €1.53 per meal to a maximum amount of €4.60 per day.

(b) In this paragraph,

(i) “full board” means an entitlement to three (3) meals in any 24 hour period.

(ii) “week” means a 7 day week.

9. Service Charges and Gratuities

(a) Service charge, where levied will be distributed among all staff excluding management personnel and trainee managers.

(b) Service charge will be distributed through the payroll system with pay for the pay period during which the service charge was collected, but not less frequently than on a monthly basis.

(c) Service charge, when distributed to employees through the payroll system, may be regarded as pay for the purposes of paragraph 5.

(d) Gratuities and tips shall not be regarded as pay for the purposes of paragraph 5.

10. Overtime

(a) Overtime shall be paid at the rate of time plus one half for hours worked in excess of the rostered hours on any day or in excess of 78 hours per fortnight.

(b) Work done on a day on which a worker would normally be off duty, including Sunday, shall be paid for at the rate of double time except where an option to take time off in lieu is agreed between the employer and the worker in writing in advance. In which case the following will apply:

(i) Payment at the basic rate for hours worked plus the equivalent paid time off at the basic rate.

(ii) Paid time off (paid at the basic rate) for the number of...