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S.I. No. 38/1975 - Employment Regulation Order, (Hotels Joint Labour Committee), 1975.

S.I. No. 38/1975 - Employment Regulation Order, (Hotels Joint Labour Committee), 1975. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1975 S.I. No. 38/1975 - Employment Regulation Order, (Hotels Joint Labour Committee), 1975. S.I. No. 38/1975 - Employment Regulation Order, (Hotels Joint Labour Committee), 1975. AmendmentsLeasuithe S.I. No. 38 of 1975. EMPLOYMENT REGULATION ORDER, (HOTELS JOINT LABOUR COMMITTEE), 1975. 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 15th January, 1974 ( S.I. No. 7 of 1974 ) (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), 1975.
(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 28th February, 1975 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 indicental to (a), (b), (
  1. c)or (d); ( f ) work performed at any office or at any store or warehouse or similar place; BUT EXCLUDING (
  2. i)Managers, assistant managers and trainee managers, receptionists, head clerks, head storemen and housekeepers. (
  3. 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. From Date of Order From 1st August, 1975 With Full Board and Lodging With Board only Without Board or Lodging With Full Board and Lodging With Board only Without Board or Lodging (
  4. i)Male Cooks: £ £ £ £ £ £ 1st year 618 841 1161 668 913 1265 2nd" 893 1116 1436 968 1213 1565 3rd" 1199 1422 1742 1301 1546 1898 4th" 1657 1880 2200 1800 2045 2397 Trained 2513 2736 3056 2732 2977 3329 (
  5. ii)Female Cooks: 1st year 663 886 1206 734 979 1331 2nd" 891 1114 1434 985 1230 1582 3rd" 1118 1341 1661 1236 1481 1833 4th" 1323 1546 1866 1462 1707 2059 Trained 1733 1956 2276 1914 2159 2511 (iii) General Male Workers: Under 16 years of age 548 771 1091 600 845 1197 16 to 17 " " " 678 901 1221 742 987 1339 17 to 18 " " " 834 1057 1377 913 1158 1510 18 to 19 " " " 1276 1499 1819 1397 1642 1994 19 to 20 " " " 1535 1758 2078 1682 1927 2279 20 and over 2055 2278 2598 2252 2497 2849 (
  6. iv)General Female Workers: under 18 years 955 1178 1498 1066 1311 1663 18 and over 1481 1704 2024 1650 1895 2247 (
  7. v)Female Workers wholly or mainly engaged on Stillroom Duties: Under 18 years 1037 1260 1580 1154 1399 1751 18 and over 1536 1759 2079 1707 1952 2304 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 From Date of Order From 1st August, 1975 With Full Board or Lodging With Board only Without Board or Lodging Guaranteed Gratuities With Full Board and Lodging With Board only Without Board or Lodging Guaranteed Gratuities £ £ £ £ £ £ £ £ (
  8. i)Waiter 1st year 618 841 1161 080 684 929 1281 090 " 2nd " 891 1114 1434 160 985 1230 1582 180 " 3rd " 1096 1319 1639 280 1211 1456 1808 310 " 4th " 1733 1956 2276 400 1914 2159 2511 440 and over (
  9. ii)Waitress 1st year 705 928 1248 080 793 1038 1390 090 " 2nd " 955 1178 1498 160 1071 1316 1668 180 " 3rd " 1089 1312 1632 240 1220 1465 1817 260 " 4th " 1377 1600 1920 320 1541 1786 2138 350 and over (iii) Housemaids 1st year 756 979 1299 080 849 1094 1446 090 " 2nd " 1119 1342 1662 160 1253 1498 1850 180 " 3rd " 1367 1590 1910 240 1530 1775 2127 260 and over (
  10. iv)Porter 1st year 709 932 1252 160 784 1029 1381 175 " 2nd " 1050 1273 1593 240 1161 1406 1758 265 " 3rd " 1278 1501 1821 320 1412 1857 2009 350 " 4th " 1733 1956 2276 400 1914 2159 2511 440 and over (
  11. v)Page boy 757 980 1300 120 890 1135 1487 130 (
  12. vi)Barmen 1st year 652 875 1195 080 714 959 1311 090 " 2nd" 990 1213 1533 080 1084 1329 1681 090 " 3rd " 1483 1706 2026 160 1625 1870 2222 175 " 4th " and over 2055 2278 2598 200 2252 2497 2849 220 (vii) Barmaid 1st year 889 1112 1432 080 989 1234 1586 090 " 2nd " 1289 1512 1832 120 1432 1677 2029 130 " 3rd " and over 1563 1786 2106 160 1735 1980 2332 175 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. Date of Order From 1st August, 1975 With Full Board and Lodging With Board only Without Board or Lodging With Full Board and Lodging With Board only Without Board or Lodging £ £ £ £ £ £ 1st year 801 1024 1344 891 1136 1488 2nd" 1122 1345 1665 1245 1490 1842 3rd year and over 1591 1814 2134 1765 2010 2362 NOTE: Any worker who by agreement with his/her employer does not avail of food for a complete day(
  13. 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 Differentials Date of Order 1st August, 1975 Post: £ £ Head Cook (Male) 515 565 2nd Head Cook (Male) 325 360 Head Cook (Female) 385 425 2nd Head Cook (Female) 290 320 Head Waiter 400 440 2nd Head Waiter 290 320 Head Waitress 350 385 2nd Head Waitress 235 260 Head Porter 400 440 2nd Head Porter 290 320 Head Housemaid 355 390 2nd Head Housemaid 235 260 Head Barman 360 400 2nd Head Barman 255 280 Head Barmaid 320 350 2nd Head Barmaid 215 240 A 10% increase in basic pay will be payable from the 3rd November, 1975 under the Cost of Living "Threshold" Provision subject to an increased deduction of £656 for Board and Lodging and £387 for Board only. 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 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, housemaids and porters—the following provisions shall apply— ( a ) where four juniors are employed one of the four shall be placed on the next higher scale; ( b ) foreach additional three juniors employed one additional junior shall be placed on the next higher scale. 4. In any hotel where none of the cooking staff is on full rate, one of the female cooks shall be paid a rate one year in excess of the highest prevailing rate of any of the female cooking staff. 5. In the case of temporary staff employed in seasonal hotels, the season, or that part of the season during which the hotel is open, shall count as a full year for the purpose of calculating the appropriate rate of pay applicable the following season. PART III. STATUTORY CONDITIONS OF EMPLOYMENT. SECTION I.—NORMAL WORKING HOURS. 1. During the season the normal working fortnight shall be any 11 days. 2. During the off-season the normal working fortnight shall be 11 days, calculated on the basis of alternate Sundays off. 3. During the season the normal working fortnight for workers over 16 years of age shall be 96 hours and during the off-season 92 hours, subject to a maximum o f 54 hours being worked as normal time in any week. 4. The normal working fortnight for workers under 16 years of age shall be 86 hours. The "season" means the period commencing on the Sunday before Easter Sunday and ending on the last Sunday in September. SECTION II.—HOLIDAYS 1. Workers shall be granted holidays in accordance with the provisions of the Holidays (Employees Act, 1973 . These provision, include 21 whole holidays including 3 Sundays. The Act also provides entitlement to seven Public Holidays as follows:—Christmas Day, St. Stephen's Day, New Year's Day, St. Patrick's Day Easter Monday, June Holiday and the First Monday in August. Where a worker is required to work on a Public Holiday, he must be given either— ( a ) a day off in lieu with pay within a month or ( b ) an additional day with pay added to his annual leave or ( c ) payment for the day equivalent to twice the amount of a full day's pay. 2. Six weeks' notice of intention to allow annual leave shall be given by employers to their workers. 3. Where a worker has worked on any Public Holidays throughout the year, the days off in lieu may be taken consecutively and added to the worker's three weeks' annual leave. SECTION III—OTHER CONDITIONS OF EMPLOYMENT. 1. Overtime Rates Overtime shall be paid for at the rate of time-and-a-half. Overtime rates shall be calculated by reference to the hourly rate which shall be the appropriate weekly rate "Without Board or Lodging" divided by 48. 2. Sunday Work Work performed on Sunday shall be paid for at the rate of time-and-a-half. Where a worker is required to work on a Sunday on which in normal circumstances he would have been off duty, such work shall be paid for at the rate of time-and-three-quarters. 3. Day off other than Sunday Where a worker is required to work on his off-day such work shall be paid for at the rate of double time during the season and time-and-three-quarters during the off-season. 4. Finishing Time (
  14. i)Workers shall be entitled each week throughout the year to either one early finishing night at 7 p.m. or two at 8.30 p.m. (
  15. ii)Permanent workers under 16 years of age shall not be required to work later than 10 p.m. on any night. (iii) Casual workers under 16 years of age shall not be required to work later than 11 p.m. on any night. 5. Spreadover Duty (
  16. i)The maximum period for spreadover duty shall not exceed 14 hours in any day. (
  17. ii)A minimum period of 8 hours shall elapse between workers normal finishing time each night and starting time next morning. 6. Breaks No worker shall be required to work continuously for more than 4½ hours without a break of at least 15 minutes. 7. Lifting Excessive Weights Workers under 18 years of age shall be employed on suitable light work. 8. Certificate of Service Each worker shall be entitled to receive from his employer on termination of his employment a certificate of service showing the period for which he was employed and the standing of his employment at the date of termination. GIVEN under the Official Seal of the Labour Court this 26th day of February, 1975. (Signed) D. MAC DIARMADA. A person authorised under Section 18 of the Industrial Relations Act, 1946 , to authenticate the Seal of the Court. EXPLANATORY NOTE. This instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 28th February, 1975, for workers employed in a hotel undertaking anywhere throughout the State except the County Boroughs of Dublin and Cork and the Borough of Dun Laoghaire. It is made by the Labour Court on the recommendation of the Hotels Joint Labour Committee. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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