S.I. No. 116/1978 - Employment Regulation Order (Hairdressing (Cork Co. Borough) Joint Labour Committee) 1978.

S.I. No. 116 of 1978.

EMPLOYMENT REGULATION ORDER (HAIRDRESSING (CORK CO. BOROUGH) 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 Hairdressing (Cork Co. Borough) Joint Labour Committee Establishment Order, 1977 ( S.I. No. 226 of 1977 ) establishing the Hairdressing (Cork Co. Borough) Joint Labour Committee (hereinafter referred to as "the Committee");

AND WHEREAS the Committee has submitted to the Court proposals in the Schedule hereto for fixing the statutory remuneration and regulating the conditions of employment of workers in relation to whom the Committee operates;

AND WHEREAS the provisions ofSection 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 (Hairdressing (Cork Co. Borough) 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 24th day of April, 1978.

SCHEDULE

PART I

WORKERS TO WHOM THIS SCHEDULE APPLIES

1. Workers employed in Cork Co. Borough in a hairdressing undertaking including hairdressers, apprentice or learner hairdressers, and manicurists.

2. In this Schedule "hairdressing undertaking" means an undertaking or any part of an undertaking which is wholly or mainly engaged in hairdressing including operations incidental or ancillary thereto.

3. In this Schedule "hairdressing" includes the following operations performed on hair growing on the head, face or neck of a male or female person, that is to say, lathering, shaving, cutting, singeing, shampooing, waving, setting, dressing, tinting, dyeing, bleaching or similar operations.

4. In this Schedule "hairdresser" means a person who is employed on any of the operations of hairdressing set out herein and (a) who has completed the period of apprenticeship prescribed in Part III, Section 1 hereof or (b) who, in the opinion of the Hairdressing (Cork Co. Borough) Joint Labour Committee, has otherwise qualified as a hairdresser.

5. In this Schedule, "Apprentice" means a male or female worker who is employed on any of the operations of hairdressing set out herein and (a) (i) has not completed the period of apprenticeship prescribed in Part III, Section 1 hereof and (ii) has received a certificate of registration as an apprentice from the Hairdressing (Cork Co. Borough) Joint Labour Committee or in respect of whom an application for such certificate has been made and has been duly acknowledged and is still under consideration, or (b) who in the opinion of the Committee has not otherwise qualified as a hairdresser.

6. In this Schedule "Manicurist" means a worker who is wholly or mainly engaged in manicuring.

PART II

STATUTORY MINIMUM REMUNERATION AND CONDITIONS OF EMPLOYMENT

SECTION I.—Rates of Remuneration

These percentages apply to the basic rate payable to qualified staff in the salon.

With effect from 24th July, 1978 all the above rates to be increased by £2 per week.

SECTION 2 HOURS OF WORK

( a ) The normal number of hours to be worked in any week shall be 40 hours.

( b ) The normal number of hours to be worked on any day shall be 8 hours.

( c ) Overtime to be paid as follows:—

Weekly Overtime to be paid at the rate of time-and-a-half to workers whose normal working week is less than 40 hours, for time worked in excess of 8 hours in any day.

Daily Overtime to be paid at the rate of time-and-a-half to workers whose normal working week is less than 40 hours, for time worked in excess of 8 hours in any day.

SECTION 3.—ANNUAL HOLIDAYS

( a ) Holidays shall be in accordance with the Holidays (Employees) Act, 1973 .

( b ) Payment in respect of annual leave shall be calculated in accordance with Section 6 (3) (b) of the Holidays (Employees) Act, 1973 .

PART III

CONDITIONS GOVERNING APPRENTICESHIP

SECTION 1.—PERIOD OF APPRENTICESHIP

The period of employment by way of apprenticeship shall be 4 years commencing on the date on which the worker is first employed:

Provided that—

( a ) An employer may employ an apprentice on his or her first employment for a probationary period not exceeding 3 months without a certificate of Registration but in the event of such apprentice being continued thereafter in employment the probationary period shall be included in the period of apprenticeship.

( b ) Where an apprentice is, through illness, continuously absent from employment for a period in excess of one month, the appropriate year of his or her employment by way of apprenticeship may be extended by a period equal to such excess period at the discretion of the Hairdressing (Cork Co. Borough) Joint Labour Committee.

SECTION II.—NUMBER OF APPRENTICES

( a ) Ladies' and Unisex Hairdressing undertaking

The number of apprentices employed shall not exceed one apprentice to every one hairdresser employed.

( b ) Gentlemen's Hairdressing undertaking

The number of apprentices employed shall not exceed one apprentice to the first one or two hairdressers employed and thereafter one additional apprentice to every two hairdressers employed in excess of the first two.

SECTION III

Learnership

On commencement of employment as a learner such person shall be registered with the Court. Each employer will be responsible for certifying the length of service of any learner in his employment.

GIVEN under the Official Seal of the Labour Court this 19th

day of April, 1978.

(Signed) James G. McCauley.

A person authorised under Section 18 of the Industrial Relations

Act, 1946 to authenticate the Seal of the Court.

EXPLANATORY NOTE.

This Instrument fixes with effect from 24th April, 1978 statutory minimum rates of remuneration and statutory conditions of employment of workers employed in the Hairdressing Trade in the County Borough of Cork. It is made by the Labour Court on the recommendation of the Hairdressing (Cork Co. Borough) Joint Labour Committee.