S.I. No. 25/1958 - Employment Regulation Order (Paper Box Joint Labour Committee), 1958

S.I. No. 25 of 1958.

EMPLOYMENT REGULATION ORDER (PAPER BOX JOINT LABOUR COMMITTEE), 1958

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 (Paper Box Joint Labour Committee), 1956, (hereinafter called " the said Order ") ;

AND WHEREAS the Paper Box Joint Labour Committee (hereinafter called " the Committee") has submitted to the Court the proposals set out in the Schedule thereto for fixing the minimum rates of remuneration and regulating the 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 the Employment Regulation Order (Paper Box Joint Labour Committee), 1958.

2. Effect is hereby given to the proposals set out in the Schedule thereto.

3. The provisions set out in the Schedule hereto shall have effect as from the 1st day of February, 1958, and as from that date the said Order shall be revoked.

SCHEDULE.

PART I.—STATUTORY MINIMUM TIME RATES FOR MALE WORKERS.

Section I.

The Minimum Time Rate for Male Workers other than learners shall be 3s. 3¼d. per hour.

Section II.

The Minimum Time Rates for Male Learners shall be as follows :—

Section III.—Male Learner.

A male learner shall be a male worker under 21 years of age. During the whole or a substantial part of his employment he shall be provided with reasonable facilities for learning some branch or process of the Trade.

PART II.—STATUTORY MINIMUM TIME RATES AND PIECE WORK BASIS TIME RATE FOR FEMALE WORKERS.

Section I.

Minimum Time Rate for Female Workers (other than learners) shall be 2s. 0¾d per hour.

Section II.

The Minimum Time Rates for Female Learners shall be as follows :—

A female learner shall cease to be a learner and shall be entitled to the minimum time rate of 2s. 0¾d. per hour on completion of four years employment in the trade.

To determine the rate to which a learner is entitled, the total of her previous employment in the trade whether as a registered learner or not or whether with one or more employers, shall be reckoned.

Section III.—Piece Work Basis Time Rate.

The piece work basis time rate for all female workers shall be 2s. 1¾d. per hour. In the case of all female persons employed on piece work each piece rate paid shall be such as would yield in the circumstances of the case not less than 2s. 1¾d. per hour to an ordinary female worker, i.e., a worker of ordinary skill and experience in the class of work in question. In determining whether any piece rate satisfies the foregoing conditions, regard shall be had only to the earnings of ordinary female workers and not to the earnings of workers of less than ordinary skill and experience, e.g., learners and infirm workers.

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—

(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 weekly holidays 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 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, except in so far as the Overtime Rate is payable under the provisions of the preceding paragraphs of this Section.

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 :—

For Workers of 18 Years of Age or Over.

For all overtime other than time worked on Sunday and Customary Public or Statutory Holidays, one-and-a-half times the appropriate Minimum Rate otherwise applicable, i.e., time-and-a-half.

For Workers whose Age is Less than 18 Years.

For all overtime other than time worked on Sunday and Customary Public or Statutory Holidays, one-and-a-quarter times the appropriate Minimum Rate otherwise applicable, i.e., time-and-a-quarter.

For All Workers.

For all time worked on Sunday and Customary Public or Statutory Holidays, twice the appropriate Minimum Rate otherwise applicable, i.e., double time.

PART IV.—HOLIDAYS AND HOLIDAY REMUNERATION.

Workers in relation to whom the Committee operates and who qualify for annual leave under Section 10 of the Holidays (Employees) Act, 1939 , shall in addition to the seven consecutive whole holidays prescribed therein, be granted a further period of seven consecutive whole holidays and the payment in respect of this further period shall be calculated in the same manner as that for the statutory period provided by that Act.

PART V.—DEFINITION OF WORKERS.

Section I.

The above statutory Minimum Remuneration and Conditions of Employment shall apply, subject to the provisions of the Industrial Relations Act, 1946 , and of this Order, to all workers who are employed during the whole or any part of their time in that Branch of the Box Trade which is engaged in the making of boxes or parts thereof, made wholly or partially of paper, cardboard, chip or similar material.

Section II.—Male Learner.

A Male Learner is a Male Worker under 21 years of age. During the whole or a substantial part of his employment he shall be provided with reasonable facilities for learning some branch or process of the Trade.

Section III.—Female Learner.

(1) A Female Learner is a Female Worker who is employed in any branch of the Trade specified in Section I of this Part, subject also to the following conditions :—

(a) Has not become entitled to the full General Minimum Time Rate of 2s. 0¾d. per hour payable to Female Workers other than Learners.

(b) Is employed in a Factory or Workshop, not being a room used for dwelling purposes.

(c) Is employed by an Employer who provides such Learner with reasonable facilities for practically and efficiently learning the Branch or Branches of the Trade (as carried on by the employer, subject to the provisions of this Section) in which the Learner is for the time being employed.

(d) Has received a Learner's Certificate or certified copy certificate issued in accordance with rules laid down by the Joint Labour Committee and held subject to compliance with the conditions (a), (b) and (c) above specified, or has made an application therefor which has been duly acknowledged and is still under consideration. The Joint Labour Committee may, if any of the conditions specified in (a), (b) or (c) are not in fact complied with, cancel the original certificate, whereupon any copy thereof shall become cancelled. Notice of such cancellation shall forthwith be given to the Learner and her Employer.

Provided that an Employer may employ a Female Learner on her first employment without a certificate of registration for a probation period not exceeding eight weeks, but the probation period shall be included in her period of learnership.

(e) A Learner returning to the Trade after absence shall not serve a longer period as a Learner than would be required if she were entering the Trade for the first time.

(f) Any Female Worker who has been previously employed in any Branch of the Trade specified in Section I of this Part, and has not held a certificate or certified copy certificate, and is subsequently taken on as a Learner shall be entitled to count the whole period of such previous employment for the purpose of claiming the time-rate at which she is to be paid, and to have such period of employment entered upon her certificate or certified copy.

(2) The issue of Learner's Certificates shall be governed by the following conditions relating to the provision of Reasonable Facilities for learning the Paper Box Trade :—

(i) That the facilities provided shall be such as to give the Learner an opportunity of learning as many operations or processes (but not less than two) as will not unreasonably interfere with other workers or with the efficient carrying on of the business by the employer.

(ii) That the proportion of Learners to other Female Workers shall not be excessive, and, as a general rule, be accepted as two Learners to three such workers, subject to the variation of such proportion according as the special circumstances either of an Employer or of his Worker may require.

Note.—In dealing with applications for Learners' Certificates the Joint Labour Committee will give due consideration to any special and particular facts or circumstances peculiar to the Trade as carried on by the Employer concerned.

(3) Notwithstanding compliance with the conditions contained in this Section, a person shall not be deemed to be a learner if she works in a room used for dwelling purposes, and is not in the employment of her parent or guardian.

(4) The Joint Labour Committee may, if it thinks fit, refer to a sub-committee appointed under the provisions of Paragraph 8 of the Second Schedule to the Industrial Relations Act, 1946 , applications made to it for the issue of Learners Certificates in excess of the proportion normally permitted and may also, if it thinks fit, delegate to the sub-committee so appointed any or all of its powers and duties in connection therewith.

Section IV.—Homeworker.

The expression "Homeworker" shall be held to mean a worker who works in her own home or in any other place not under the control or management of the Employer.

PART VI.—GENERAL.

In totalling up any reckonings, in the aggregate arrived at when paying the rates fixed, every fraction of a farthing shall count as a farthing.

GIVEN under the Official Seal of the Court this 29th January, 1958.

(Signed) E. de BURCA

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

EXPLANATORY NOTE

This Instrument fixes new statutory minimum remuneration and confirms statutory conditions of employment of workers employed in the Paper Box Trade. It is made by the Labour Court on the recommendation of the Paper Box Joint Labour Committee.