Employment Regulation Order (Hotels Joint Labour Committee), 2009

• Jurisdiction: Ireland
• Citation: IR SI 359/2009
• Year: 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th September, 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 19th May, 2008 ( S.I. No. 149 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 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 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 (Hotels Joint Labour Committee), 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 16th September, 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) 1890220228).

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 1998.

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 I

All hotel workers while training

From 16th September 2009 (i) Under 18 (ii) Age 18 and over 1st one-third period (not exceeding 12 months) 2nd one-third period (not exceeding 12 months) 3rd one-third period (not exceeding 12 months) Following completion of 3rd period €248.31 €265.93 €283.55 €319.20 €354.43

Note: Training is formal structured training as defined in accordance with Section 16 of the National Minimum Wage Act, 2000 .

SECTION II

Experienced Adult Hotel Worker

From 16th September 2009 (i) Cook Trained Second Head Cook Head Cook (ii) Waiter/Waitress 2nd Head Waiter/Waitress Head Waiter/Waitress (iii) Barperson 2nd Head Barperson Head Barperson (iv) House Assistant/General Worker* (v) Porter 2nd Head Porter Head Porter €354.43 €382.09 €399.99 €354.43 €362.71 €373.11 €354.43 €362.47 €372.38 €354.43 €354.43 €362.71 €373.00

*Note:

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

SECTION III

Hotel Workers not covered by Section I or II

From 16th September 2009 (i) Under age 18 (ii) First year after date of first employment over age 18 (iii) Second year after date of first employment over age 18 €248.31 €283.55 €319.20

Section IV

Board & Lodgings

If a hotel employee receives board and lodgings, board only or lodgings only from his/her employer, the following amounts may be deducted from his/her pay:

€54.13 for full board and lodgings per week*, or €7.73 per day. €32.14 for full board only per week*, or €4.60 per day. €21.85 for lodgings only per week*, or €3.14 per day.

Full board means an entitlement to three meals a day in the hotel. No compensatory payments are due for not availing of this entitlement, with the exception of statutory entitlements.

*Per week means a 7 day week.

Service Charge

Where service charge is distributed to an employee through the payroll, the amount so distributed can form part of the weekly earnings referred to above. This and other components which may be taken into account to determine an employee’s average rate of pay are set down in Part 1 of the Schedule to the National Minimum Wage Act, 2000 .

NOTES:

In calculating the statutory minimum rate of remuneration applicable to any of the workers specified in Sections I, II or III 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...