S.I. No. 251/1948 - Employment Regulation Order (Women's Clothing and Millinery Joint Labour Committee), 1948.

S.I. No. 251 of 1948.

EMPLOYMENT REGULATION ORDER (WOMEN'S CLOTHING AND MILLINERY 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 30th day of April, 1946 (hereinafter called " the said order ") confirming the variation of minimum rates of wages for male and female workers in the Women's Clothing and Millinery trade, other than workers employed on the making of women's headgear in the Factory Branch of the trade in the Borough of Galway ;

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 Women's Clothing and Millinery Joint Labour Committee Employment Regulation Order, 1947 (S.R. and O. No. 210) ;

AND WHEREAS the Women's Clothing and Millinery Joint Labour Committee (hereinafter called " the Committee ") has submitted to the Labour Court (hereinafter called " 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 minimum rates of remuneration and regulating the conditions of employment of workers in relation to whom the Committee operates, other than workers employed in the making of women's headgear in the Factory Branch of the Trade in the Borough of Galway, 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 (Women's Clothing and Millinery Joint Labour Committee), 1948.

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 30th day of July, 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-RATE FOR ALL MALE WORKERS.

PART II.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATES FOR FEMALE WORKERS (INCLUDING HOME-WORKERS) EMPLOYED IN THE RETAIL BRANCH OF THE TRADE.

PART III.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATE FOR FEMALE WORKERS EMPLOYED IN THE FACTORY BRANCH OF THE TRADE.

PART IV.

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 :—

(I) All time worked on Sunday and Customary Public or Statutory Holidays by a worker of either of the Classes (A) or (B) above and all time worked on the Short Day by a worker of Class (b) shall be regarded as Overtime to which the Overtime Rates shall apply.

(II) The Overtime Rates shall be payable in respect of all time worked on any day in excess of the declared normal number of hours of work 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.

(III) The Overtime Rates shall be payable in respect of all time worked in any week in excess of the declared normal number of hours of work for that week.

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

(I) For the first two hours of overtime on any day other than on Sunday or on a Customary Public or Statutory Holiday, the Overtime Rate shall be one-and-a-quarter times the Minimum Rate otherwise applicable, i.e., time-and-a-quarter.

(II) For overtime after the first two hours of overtime, on any day other than on Sunday or on a Customary Public or Statutory Holiday, the Overtime Rate shall be one-and-a-half times the Minimum Rate otherwise applicable, i.e., time-and-a-half.

(III) For all time worked on Sunday, Customary Public or Statutory Holidays, the Overtime Rate shall be twice the Minimum Rate otherwise applicable, i.e., double time.

(IV) For all time worked in any week in excess of the declared normal number of hours for the week, the Overtime Rate shall be time-and-a-quarter, except in so far as Overtime Rates are payable under the provisions of Paragraphs I, II and III above.

PART V.

WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES.

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 in respect of any time during which they are employed in any branch of the Trade specified in the Trade Boards (Women's Clothing and Millinery) Order, 1926, and the Trade Boards (Women's Clothing and Millinery) Order, 1926 (Variation) Order, 1944, that is to say :—

The making from textile or knitted fabrics of (a) tailored and non-tailored wearing apparel (other than handkerchiefs) worn by women or girls or by children without distinction of sex ; or (b) 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 ; and the making from any material of women's or female children's headgear, or the trimming thereof :

Including :—

(1) All operations and processes of cutting, making or finishing by hand or machine of coats, costumes, coat-frocks, mantles, service clothing, dresses, skirts, wraps, blouses, blouse-robes, jumpers, sports-coats, neckwear, tea-gowns, dressing-gowns, dressing-jackets, pyjamas, underclothing, underskirts, aprons, overalls, juvenile clothing, baby-linen or similar articles.

(2) (a) The altering, repairing, renovating or re-making of any of the above-mentioned articles.

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

(3) All processes of embroidery or decorative needlework where carried out in association with or in conjunction with the making, altering, repairing, renovating or re-making of such articles other than hand embroidery or hand-drawn thread work on articles made of linen or cotton or of mixed linen and cotton.

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

(5) The following processes if done by machine : thread-drawing, thread-clipping, top-sewing, scalloping, nickelling and paring.

(6) Laundering, smoothing, folding, ornamenting, boxing, packing, warehousing or other operations incidental to or appertaining to the making, altering, repairing, renovating or re-making of any of the above-mentioned articles.

But excluding :—

(a) The making of knitted articles, knitted headgear, the making of headgear from knitted fabrics ; the making of underclothing, socks and stockings, from knitted fabrics, and the making from knitted fabrics of articles mentioned in paragraph 1 above, where carried on in association with or in conjunction with the manufacture of the knitted fabrics.

(b) The making of gloves, spats, gaiters, boots, shoes and slippers.

(c) The making of rubberised or oilskin garments ; and the making of rubberised or oilskin headgear where carried on in association with or in conjunction with the making of other rubberised or oilskin articles.

(d) The making of women's collars and cuffs and of nurses' stiff washing belts where carried on in association with or in conjunction with the making of men's or boy's shirts or collars.

(e) Warehousing, packing and other similar operations carried on in shops mainly engaged in the retail distribution of articles of any description that are not made on the premises.

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

(g) The lining with fur of any of the articles mentioned in paragraph 1 above, and the making of fur hats, where carried on in association with or in conjunction with the manufacture of furs or furriers' skins into garments, rugs, or similar articles.

(h) The branches of trade covered by the Trade Board (Corset) Order, 1919.

(i) The making of hoods which :—

(i) are for women's or female children's headgear, and

(ii) are from materials which, at any stage of the making of the hoods, are felted in the premises in which the hoods are made.

PART VI.

DEFINITIONS.

Section I.—(a) The Retail branch of the Trade shall be deemed to be that branch in which the article is made for, and supplied direct to the wearer.

(b) The Factory branch of the Trade shall include all branches and operations of the Trade not included in the Retail Branch.

Section II.—The term " Homeworker " shall be deemed to mean a worker who works in her own home or any other place not under the control or management of her employer.

Section III.—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 Learner's 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.

Any worker who has previously been employed in any branch of the Trade as defined in this Schedule and has not been registered as a Learner, nor has held a Learner's Certificate and who is subsequently employed as a Learner shall count the whole period of such previous employment for the purpose of determining the Time-Rate at which such worker is entitled to be paid.

A Learner shall cease to be a Learner and shall become entitled to the Minimum Rates payable to workers other than Learners on the completion of the period of learnership specified in Parts I, II and III.

Provided that—

(i) The Learner's certificate shall become invalid if the other conditions of learnership are not complied with.

(ii) An Employer may employ a Learner on first employment in the Trade (as described in this Part of the Schedule) without a certificate for a probationery period not exceeding one month, but, in the event of such Learner being continued thereafter in such employment, the probationery period shall be included in the period of learnership.

(iii) An application for a Learner's Certificate must be made to the Committee in respect of every worker whom it is desired to employ at the special lower rates fixed for Learners. Unless a Learner's Certificate has been obtained or application has been made which has been acknowledged and is still under consideration, and the other conditions of learnership laid down in this Schedule are complied with, the minimum rate payable is that for Workers other than Learners, and other than the Workers specified in Section II of Part II of this Schedule.

(iv) Notwithstanding compliance with the conditious 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 VII.

GENERAL.

In the case of Workers including Learners employed on Piece-Work, each Piece-Rate paid must be such as will yield, in the circumstances of the case, to an ordinary worker not less than the appropriate Piece-Work Basis Time-Rate payable to a worker of the class concerned. In determining whether any piece rate satisfies this condition, regard must be had only to the earnings of ordinary workers, i.e.,—workers of ordinary skill and experience in the class of work in question, and not to the earnings of workers of greater or less than ordinary skill and experience.

GIVEN under the Official Seal of the Labour Court this 24th day of July, 1948.

(Signed) T. J. CAHILL.

A person authorised under Section 18 of the Industrial Relations Act, 1946 , to authenticate the Seal of the Court.