S.I. No. 114/1948 - Employment Regulation Order (Tailoring Joint Labour Committee), 1948.

S.I. No. 114 of 1948.

EMPLOYMENT REGULATION ORDER (TAILORING JOINT LABOUR COMMITTEE), 1948.

WHEREAS the Minister for Industry and Commerce, under the provisions of the Trade Boards Acts, 1909 and 1918, made an order dated the 25th day of March, 1946, confirming the variation of minimum rates of wages for workers in the Tailoring Trade (hereinafter called " the said order ") ;

AND WHEREAS the said order is deemed to be an Employment Regulation Order by virtue of the provisions of Section 54 of the Industrial Relations Act, 1946 (hereinafter called " the Act");

AND WHEREAS the said order was amended by the Tailoring Joint Labour Committee Employment Regulation Order, 1947 ;

AND WHEREAS the Tailoring Joint Labour Committee (hereinafter called " the Committee ") has submitted to the Labour Court (hereinafter called " the Court ") proposals for revoking the said order as amended ;

AND WHEREAS the Committee has also submitted to the Court the proposals set out in the Schedule hereto for fixing the minimum rates of remuneration and regulating the conditions of employment of workers in relation to whom the Committee operates, in substitution for the rates and conditions set out in the said order as amended ;

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 (Tailoring Joint Labour Committee), 1948.

(2) Effect is hereby given to the proposals set out in the Schedule hereto.

(3) The proposals set out in the Schedule hereto shall have effect as from the 9th day of April, 1948, and as from that date the said order as amended shall be revoked.

SCHEDULE.

PART I.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATES FOR MALE AND FEMALE WORKERS IN THE CLOTHING BRANCH.

Section I.—Certain Classes of Male Workers (as defined in this Section).

PART I.—cont'd.

PART I.—cont'd.

Section II.—Male Workers under 22 years of age (other than Leamers).

PART I.—cont'd.

Section III.—Male Learners (as defined in Part IV. of this Schedule).

Section IV.—Late Entrants (i.e., Male Learners or Male Workers under 22 years of age who enter the Clothing Branch of the Trade at or over the age of 20 years).

The General Minimum Time-Rate payable to a Male Learner, or a Male Worker whose employment in the Trade commences at or over the age of 20, shall be as follows :—

And thereafter such General Minimum Time-Rate as he may be entitled to under the provisions of this Part of the Schedule.

A Male Worker under 22 years of age or a Male Learner, while employed on Piece-Work shall be entitled to receive Piece-Rates each of which would yield in the circumstances of the case to an Ordinary worker similarly employed not less than 2s. 5d. per hour. 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 workers of less than ordinary skill and experience, e.g., learners and infirm workers.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATE FOR FEMALE WORKERS.

PART I:—cont'd.

Section VII.—General Minimum Time-Rates for Female Learners (as defined in Part IV. of this Schedule) :—

A Female Learner shall cease to be a Learner and shall be entitled to the full General Minimum Time Rate of 1s. 5½d. per hour on the completion of 4 years' employment in the Trade.

A Female Worker shall be entitled to receive Piece-Rates each of which would yield in the circumstances of the case to an Ordinary worker similarly employed not less than 1s. 6½d. per hour. 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 workers of less than ordinary skill and experience, e.g., learners and infirm workers.

PART II.

GENERAL MINIMUM TIME RATES AND PIECE-WORK BASIS TIME-RATES FOR MALE AND FEMALE WORKERS IN THE HEADGEAR BRANCH.

Section I.—Certain Classes of Male Workers (as defined in this Section) :—

PART II.—cont'd.

PART II.—cont'd.

Section II.—Male Workers under 22 years of age (other than Learners).

Section III.—Male Learners (as defined in Part IV of this Schedule).

Section IV.—Late Entrants (i.e., Male Learners or Male Workers under 22 years of age who enter the Headgear Branch of the Trade at or over the age of 20 years).

The General Minimum Time-Rate payable to a Male Learner, or a Male Worker whose employment in the Trade commences at or over the age of 20 shall be as follows :—

And thereafter such General Minimum Time-Rate as he may be entitled to under the provisions of this Part of the Schedule.

A Male Worker under 22 years of age, or a Male Learner, while employed on Piece-Work shall be entitled to receive Piece-Rates each of which would yield in the circumstances of the case to an Ordinary worker similarly employed not less than 1s. 11½d. per hour. In determing 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 workers of less than ordinary skill and experience, e.g., learners and infirm workers.

PART II.—cont'd.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME RATES FOR FEMALE WORKERS.

Section VI.—Certain Classes of Female Workers (as defined in this Section).

Section VIII.—General Minimum Time-Rates for Female Learners (as defined in Part IV. of this Schedule):—

PART II.—contd.

A Female Learner shall cease to be a Learner and shall be entitled to tile full General Minimum Time Rate of 1s. 2d. per hour payable to Female Workers other than Learners upon the fulfilment of the following conditions :—

PART III.

NORMAL WORKING HOURS AND OVERTIME RATES.

Section I.—The normal number of hours to be worked by workers in relation to whom the Committee operates shall be as follows :—

(A) For that Class of Workers who customarily attend on Six Days a Week :—

(B) For that Class of Workers who customarily attend on Five Days a week :—

Provided that :—

Overtime shall be payable where on any day the number of hours worked exceeds the declared normal number of hours for that day, notwithstanding that the number of hours worked in the week does not exceed the declared normal number of hours of work for the week.

PART III.—cont'd.

Section II.—The Minimum Rates for Overtime to apply in respect of hours worked by a worker employed in any Branch of the Trade, whether employed on Time-Work or on Piece-Work, in excess of the declared normal number of hours shall be as follows :—

(1) On any day other than the Short day :—

(i) For the first two hours of Overtime, One-and-a-Quarter times the Minimum Rate otherwise applicable, i.e., Time-and-a-Quarter.

(ii) For the second two hours of Overtime, One-and-a-half times the Minimum Rate otherwise applicable, i.e., Time-and-a-Half.

(iii) For Overtime after the first four hours of Overtime, twice the Minimum Rate otherwise applicable, i.e., Double Time.

(2) On the Short day, in respect of (A) that class of workers who customarily attend on six days a week:—

For all Overtime worked after the first four hours of work :—

(i) For the first two hours of Overtime, One-and-a-Half times the appropriate Minimum Rate otherwise applicable, i.e., Time-and-a-Half.

(ii) For Overtime after the first two hours of Overtime, Twice the appropriate Minimum Rate otherwise applicable, i.e., Double Time.

(3) On Saturday in respect of (B) that class of workers who customarily attend on five days a week :—

(i) For the first four hours of Overtime (that is to say for the first four hours worked on Saturday), One-and-a-Half times the appropriate Minimum Rate otherwise applicable, i.e., Time-and-a-Half.

(ii) For Overtime after the first four hours of Overtime, Twice the appropriate Minimum Rate otherwise applicable, i.e., Double Time.

(4) On Sunday, and Customary Public or Statutory Holidays :—

For all time worked, Twice the appropriate Minimum Rate otherwise applicable, i.e., Double Time.

(5) For all hours worked in any week in excess of the declared normal number of hours for the week, One-and-a-Quarter times the appropriate Minimum Rate otherwise applicable, i.e., Time-and-a-Quarter, except in so far as higher Overtime Rates are payable under the provisions of any of the preceding paragraphs of this Section.

PART IV.

CONDITIONS GOVERNING LEARNERSHIP.

General.

Section I.—A Male or Female 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 such learning; and

(b) Has received a certificate, or has been registered in accordance with rules from time to time laid down by the Joint Labour Committee, or has made an application for such certificate or registration which has been duly acknowledged and is still under consideration.

PART IV.—cont'd.

Provided that—

(i) The certification or registration of a Male or Female Learner shall become invalid if the other conditions of learnership are not complied with.

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

(iii) For the purpose of determining the Minimum Rate applicable, there shall be included in the calculation of the period of employment of a Learner one-half of the period of such Learner's attendance at a Technical School for the purpose of receiving instruction in the Tailoring Trade from a teacher whose qualification has been approved by the Department of Education, and who is employed by a Statutory Technical Instruction Committee.

(iv) Such period of instruction in a Technical School shall not be regarded as being " first employment in the Branch or Branches of the Trade, " for the purpose of the provisions in (ii) above relative to employment without a certificate or registration during the Learner's probationary period.

(v) Any Female Worker who has previously been employed in any branch of the Trade as defined in Part V of this Schedule, and has not been registered nor has held a certificate, and is subsequently taken on as a Learner, shall count the whole period of such previous employment for the purpose of claiming the Time-Rate at which she is to be paid.

(vi) No Learner who has left and re-entered the Trade shall, after re-entry, serve a longer period as a Learner than would be permissible in the case of a person of the same age entering the Trade for the first time.

(vii) A Male Learner shall cease to be a Learner, and become entitled to the rate applicable to workers other than Learners, on attaining the age of 22, or, in the case of a worker who enters the Trade at or over the age of 20, on the attainment of the age of 22 and the completion of not less than one year's employment. Provided that no worker shall be entitled to the General Minimum Time-Rate applicable to any of the classes specified in Part I, Section I, or Part II, Section I of this Schedule until he has satisfied the conditions included in the definition of the class concerned.

(viii) Notwithstanding compliance with the conditions contained in this Part of the Schedule a person shall not be deemed to be a Learner if such person works in a room used for dwelling purposes, and is not in the employment of such worker's parent or guardian.

PART V.

DEFINITION OF WORKERS.

Section I.—The above Statutory Minimum Remuneration set out in this Order, shall apply subject to the provisions of the Industrial Relations Act, 1946 , and of this Order to all workers specified in this Schedule in respect of any time during which they are employed in any Branch of the Trade specified in the Trade Boards (Tailoring) Order, 1926, as varied by the Trade Boards (Tailoring) Order, 1926 (Variation) Order, 1944, that is to say :—

Men's and Boys' readymade and wholesale bespoke tailoring; men's and boys' retail bespoke tailoring carried on in a factory where garments are made up for three or more retail establishments; and the making from any material of men's or male children's headgear:

PART V.—cont'd.

Including—

(1) (a) the altering, repairing, renovating or remaking of men's or boys' tailored garments where carried out in association with or in conjunction with the above-mentioned branches of tailoring;

(b) the cleaning of such garments where carried out in association with or in conjunction with the altering, repairing, renovating, or re-making of such garments.

(2) The lining with fur of the above-mentioned garments where carried out in association with or in conjunction with the making of such garments.

(3) All processes of embroidery or decorative needlework where carried out in association with or in conjunction with the above-mentioned branches of tailoring.

(4) All warehousing, packing and other operations incidental to or appertaining to any of the above-mentioned branches of tailoring.

But excluding—

(1) The making of rubberised or oilskin garments; and the making of rubberised or oil-skin headgear where carried out in association with or in conjunction with the making of other rubberised or oilskin garments;

(2) The making of boys' readymade washing suits or sailor suits where carried out in association with or in conjunction with the making of garments to be worn by women or girls or by children without distinction of sex.

(3) The making of knitted headgear and the making of headgear from knitted fabrics where carried out in association with or in conjunction with the manufacture of knitted fabrics.

(4) The casting and making of solid metal helmets.

(5) The making of chefs' caps and similar articles.

(6) The making of fur hats where made in assocation with or in conjunction with the manufacture of furs or furriers' skins into garments, rugs or similar articles.

(7) The making of headgear which—

(a) is for men or male children, and

(b) is made from materials which, at any stage in the making of the headgear, are felted on the premises in which the headgear is made.

BRANCHES.

Section II.—The Headgear Branch of the Trade is that Branch in which workers are employed in the making of men's or male children's headgear.

Section III.—The Clothing Branch of the Trade shall include all branches and operations not included in the Headgear Branch.

GIVEN under the Official Seal of the Court this 31st day of March, 1948.

(Signed) T. J CAHILL,

A person authorised under Section 18 of the Act to authenticate the Seal of the Court.