Employment Regulation Order (Hotels Joint Labour Committee) 1974

• Jurisdiction: Ireland
• Citation: IR SI 7/1974
• Year: 1974

S.I. No. 7 of 1974.

EMPLOYMENT REGULATION ORDER (HOTELS JOINT LABOUR COMMITTEE), 1974.

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 23rd November, 1972 ( S.I. No. 281 of 1972 ) (hereinafter called "the said Order") fixing the statutory minimum 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 43 of the Act have been complied with;

NOW THEREFORE, the Court, in exercise of the powers conferrred on it by Section 43 of the Act hereby orders as follows:—

(1) This Order may be cited as Employment Regulation Order (Hotels Joint Labour Committee), 1974.

(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 the 1st February, 1974 and as from that date the said Order shall be revoked.

SCHEDULE

PART I

Workers to whom this schedule applies

1. Workers employed in a hotel undertaking anywhere throughout the State except the County Boroughs of Dublin and Cork and the Borough of Dun Laoghaire by the person carrying on that undertaking and 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 ) 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 and trainee managers, receptionists, head clerks, head storemen 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 1957,

or

( b ) a premises licensed under the Licensing Acts 1833 to 1962 and having not less than 10 apartments normally available for the sleeping accommodation of travellers.

PART II

STATUTORY MINIMUM RATES OF REMUNERATION PER WEEK

SECTION I.—NON-TIPPING ZONE.

With full Board and Lodging With Board only Without Board or Lodging £ £ £ (i) Male Cooks : 1st year 5·62½ 7·55 10·35 2nd " 8·07½ 10·00 12·80 3rd " 10·77½ 12·70 15·50 4th " 14·87½ 16·80 19·60 Trained 22·47½ 24·40 27·20 (ii) Female Cooks: 1st year 5·92½ 7·85 10·65 2nd year 7·92½ 9·85 12·65 3rd " 9·92½ 11·85 14·65 4th " 11·72½ 13·65 16·45 Trained 15·32½ 17·25 20·05 (iii) General Male Workers: Under 16 years of age 4·92½ 6·85 9·65 16 to 17 " "" 6·07½ 8·00 10·80 17 to 18 " "" 7·47½ 9·40 12·20 18 to 19 " "" 11·37½ 13·30 16·10 19 to 20 " "" 13·67½ 15·60 18·40 20 and Over 18·27½ 20·20 23·00 (iv) General Female Workers: Under 18 years 8·42½ 10·35 13·15 18 and Over 13·02½ 14·95 17·75 (v) Female Workers wholly or mainly engaged on Still-room Duties: Under 18 years 9·12½ 11·05 13·85 18 and Over 13·52½ 15·45 18·25

Provided that before a worker is classed as a trained Male Cook or Female Cook he/she shall have passed a qualifying examination held under the auspices of the Council for Education Recruitment and Training for the Hotel Industry (CERT) during the fourth year of training. A General Female Worker is a worker engaged on general kitchen, scullery or laundry duties or on cleaning any part of the premises.

SECTION II.—TIPPING ZONE.

With Full Board and Lodging With Board only Without Board or Lodging Guaranteed Gratuities £ £ £ £ (i) Waiter 1st year 5·47½ 7·40 10·20 0·70 2nd " 7·92½ 9·85 12·65 1·40 "3rd " 9·72½ 11·65 14·45 2·45 "4th " and over 15·32½ 17·25 20·05 3·50 (ii) Waitress 1st year 6·17½ 8·10 10·90 0·70 "2nd " 8·37½ 10·30 13·10 1·40 "3rd " 9·57½ 11·50 14·30 2·10 "4th " and over 12·07½ 14·00 16·80 2·80 (iii) Housemaids 1st year 6·62½ 8·55 11·35 0·70 "2nd " 9·72½ 11·75 14·55 1·40 "3rd " and over 11·97½ 13·90 16·70 2·10 (iv) Porter 1st year 6·32½ 8·25 11·05 1·40 "2nd " 9·32½ 11·25 14·05 2·10 "3rd " 11·32½ 13·25 16·05 2·80 "4th " and over 15·32½ 17·25 20·05 3·50 (v) Pageboy 5·87½ 7·80 10·60 1·05 (vi) Barmen 1st year 5·87½ 7·80 10·60 0·70 "2nd " 8·82½ 10·75 13·55 0·70 "3rd " 13·22½ 15·15 17·95 1·40 "4th " and over 18·27½ 20·20 23·00 1·75 (vii) Barmaid 1st year 7·87½ 9·80 12·60 0·70 "2nd " 11·37½ 13·30 16·10 1·05 "3rd " and over 13·77½ 15·70 18·50 1·40

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 full rate.

"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. OTHER FEMALE WORKERS TO WHOM THE ESTABLISHED ORDER APPLIES

With full Board and Lodging With Board only Without Board or Lodging £ £ £ 1st year 7·17½ 9·10 11·90 2nd " 9·97½ 11·90 14·70 3rd year and over 14·02½ 15·95 18·75

Note: Any worker who by agreement with his/her employer does not avail of food for a complete day(s) may seek a refund of the charge for food in respect of the day or days.

SECTION IV.—Persons appointed to the following posts by management shall be paid the minimum differential over the standard rate as indicated:—

Minimum Differential £ Post: Head Cook (Male) 4·50 2nd " " (Male) 2·85 Head Cook (Female) 3·35 2nd " " " 2·55 Head Waiter 3·50 2nd " " 2·55 Head Waitress 3·05 2nd " " 2·05 Head Porter 3·50 2nd " " 2·55 Head Housemaid 3·10 2nd " " 2·05 Head Barman 3·15 2nd " " 2·25 Head Barmaid 2·80 2nd " " 1·90

Phase II—From 1st February 1975

All the foregoing rates will be increased by 4% from 1st February, 1975 and for each 1% increase over 4% in the Consumer Price Index Figure between November, 1973 and November 1974 a 16p per week (or pro rata) supplement shall be added.

Note:—

In calculating the statutory minimum rate of remuneration applicable to any of the workers specified in Section 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 the Council for Education, Recruitment and Training for the Hotel Industry (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 hotel training course of two years' duration...