Employment Regulation Order (Handkerchief and Household Piece Goods Joint Labour Committee) 1988

• Jurisdiction: Ireland
• Citation: IR SI 28/1988
• Year: 1988

S.I. No. 28 of 1988.

EMPLOYMENT REGULATION ORDER (HANDKERCHIEF AND HOUSEHOLD PIECE GOODS JOINT LABOUR COMMITTEE), 1988.

WHEREAS the Labour Court (hereinafter called "the Court") pursuant to the provisions of Section 43 of the Industrial Relations Act, 1946 , (hereinafter called "the Act") made an Employment Regulation Order dated 11th December, 1986 ( S.I. No. 409 of 1986 ) (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 Handkerchief and Household Piece Goods 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 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 (Handkerchief and Household Piece Goods Joint Labour Committee), 1988. 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 1st March, 1988 and as from that date the said Order shall be revoked.

NOTE: Enquiries should be directed to the Secretary, Joint Labour Committees Section, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Phone 608444 Extension Nos. 301, 303 and 304).

SCHEDULE

PART I

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATE

From Effective Date of Order (i.e. 1/3/88) Per Week £ SECTION I General Minimum Time-Rate for Workers (other than Learners)... ... ... ... ... 105.61 SECTION II General Minimum Time-Rates for Learners as defined in Part III of this Schedule During 1st six month period of Learnership 59.35 During 2nd six month period of Learnership 69.15 During 3rd six month period of Learnership 83.00 During 4th six month period of Learnership 84.58 SECTION III Piece-Work Basis Time-Rate for all Workers 100.17

All workers (including Learners) while employed on Piece-Work shall be paid Piece-Rates each of which would yield, in the circumstances of the case, to an ordinary worker, not less than the above Piece-Work Basis Time-Rate. In determining whether any Piece-Rate is sufficient to satisfy this condition regard must be had only to the earnings of ordinary workers, that is to say, workers of ordinary skill and experience in the class of work in question, and not to the earnings of learners or infirm workers or workers of greater or less than ordinary skill and experience.

PART II

NORMAL WORKING HOURS AND OVERTIME RATES

SECTION I (a) The normal number of hours of work in any week shall be forty.

(b) For workers under 18 years of age the normal and maximum number of hours shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 .

The minimum rate for overtime per hour which shall be payable in respect of hours worked in excess of the normal number of hours up to 12 noon on Saturday shall be gross earnings per hour plus 50% (this shall include overtime worked Monday to Friday). The minimum rate for overtime per hour which shall be paid for hours worked after 12 noon Saturday up to normal starting time on Monday shall be gross hourly earnings plus 100%.

PART III

CONDITIONS GOVERNING LEARNERSHIP

SECTION I. A Learner is a worker who:

(a) Is employed during the whole or a substantial part of the hours of work in learning any branch or process of the trade by an employer who provides the Learner with reasonable facilities for learning such branch or processes.

(b) Has received a certificate to the effect that he/she is a member of the Learner Class in the Trade or has made an application for such certificate which has been duly acknowledged and is still under consideration.

PROVIDED THAT—

(i) An employer may employ a Learner on first employment in the Trade, as defined in this Schedule, without a certificate for a probationary period not exceeding four weeks but in the event of such Learner being continued thereafter in the employment, the probationary period shall be included in the period of Learnership.

(ii) A Learner shall cease to be a Learner and shall become entitled to the minimum rate payable to workers other than Learners on the completion of two years employment in the Trade.

(This Provision does not interfere with the right of a Learner who is employed on Piece-Work to be paid the appropriate Piece-Rate in accordance with the provisions of Part I, Section III of this Schedule.)

(iii) Any worker employed as a Learner who had previously been employed in any branch of the Trade, as defined in this Schedule, shall count the whole period of such previous employment in calculating the period of learnership completed by him/her and for the purpose of claiming the minimum time-rate at which he/she is entitled to be paid.

(iv) An application for a Learner's Certificate must...