Employment Regulation Order (Hotels Joint Labour Committee) 1978

• Jurisdiction: Ireland
• Citation: IR SI 156/1978
• Year: 1978

S.I. No. 156 of 1978.

EMPLOYMENT REGULATION ORDER (HOTELS JOINT LABOUR COMMITTEE) 1978.

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 Employment Regulation Order dated 24th August, 1977 ( S.I. No. 273 of 1977 ) (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 conferred 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), 1978.

(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 12th June, 1978 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 Dún Laoghaire by the person 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 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 £ £ £ Cooks 12·22 15·96 21·36 1st year .. .. 16 49 20 23 25·63 2nd " .. .. 21·29 25·03 30·43 3rd " .. .. 29·30 33·04 38·44 4th " .. .. 44·25(a) 47·99(a) 53·39(a) Trained .. .. 34·10(b) 37·84(b) 43·24(b)

( a ) This rate is for a cook who has completed 4 years training with C.E.R.T. and has passed a qualifying examination.

( b ) This rate is for a C.E.R.T. trained cook who does not hold a certificate but over a period of time could be moved up to grade (a) Cook.

( c ) No worker shall suffer a reduction in status or remuneration.

SECTION I.—NON-TIPPING ZONE

With full Board and Lodging With Board only Without Board or Lodging General Workers £ £ £ Under 18 years of age .. 19·75 23·49 28·89 18 to 19 " " " .. 28·61 32·35 37·75 19 to 20 " " " .. 29·54 33·28 38·68 20 and over .. .. 37·46* 41·20* 46·60*

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

SECTION II.—TIPPING ZONE

With full Board and Lodging With Board only Without Board or Lodging Guaranteed Gratuities £ £ £ £ Waiter/ Waitress 1st year .. .. 14·30 18·04 23·44 1·35 2nd year .. 18·90 22·64 28·04 2·70 3rd year .. .. 21·41 25·15 30·55 4·75 4th year and over 32·71* 36·45* 41·85* 6·80

*(i) Existing workers who have already completed 3 years' service shall be immediately entitled to the top rate on passing an assessment by an independent authority, approved by the J.L.C., of their ability to perform the full range of duties applicable to a trained Waiter/Waitress.

(ii) Those existing workers who have already completed 5 years' service who do not offer themselves or pass this assessment shall proceed to the top rate in 2 equal phases—the first phase 6 months from the date of the E.R.O. or the date on which they started their 4 years, whichever is the earlier, and the 2nd phase 6 months later.

(iii) Workers who have satisfactorily completed their 5th year shall be deemed to have passed the assessment.

(iv) No worker shall suffer a reduction in status or remuneration.

With full Board and Lodging With Board only Without Board or Lodging Guaranteed Gratuities £ £ £ £ Barman/Barmaid 1st year .. .. 16·96 20·70 26·10 1·35 2nd year .. 23·95 27·69 33·09 2·05 3rd year .. .. 29·07 32·81 38·21 2·70 4th year and over 37·46* 41·20* 46·60* 3·40*

*(i) Existing workers who have already completed 3 years' service shall be immediately entitled to the top rate on passing an assessment by an independent authority, approved by the J.L.C., of their ability to perform the full range of duties applicable to a trained Barman/Barmaid.

(ii) Those existing workers who have already completed 5 years' service who do not offer themselves or pass this assessment shall proceed to the top rate in 2 equal phases—the first phase 6 months from the date of the E.R.O. or the date on which they started their 4th year of service whichever is the earlier, and the 2nd phase 6 months later.

(iii) Workers who have satisfactorily completed their 5th year of service shall be deemed to have passed the assessment.

(iv) No worker shall suffer a reduction in status or remuneration.

SECTION II.— TIPPING ZONE

With full Board and Lodging With Board only Without Board or Lodging Guaranteed Gratuities £ £ £ £ House Assistant 1st year .. .. 15·97 19·71 25·11 1·35 2nd year .. .. 22·99 26·73 32·13 2·70 3rd year and over 27·79 31·53 36·93 4·10 Porter 1st year .. .. 13·88 17·62 23·02 2·70 2nd year .. .. 20·16 23·90 29·30 4·10 3rd year .. .. 24·34 28·08 33·48 5·45 4th year and over 32·71 36·45 41·85 6·80 Page .. .. 20·05 23·79 29·19 2·05

Provided that:

Porters who commence employment at 19 years of age shall start at the 2nd rate.

Porters who commence employment at 20 years of age shall start at the 3rd 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...