S.I. No. 393/1979 - Employment Regulation Order (Tailoring Joint Labour Committee) 1979.

S.I. No. 393 of 1979.

EMPLOYMENT REGULATION ORDER (TAILORING JOINT LABOUR COMMITTEE) 1979.

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 25th September, 1978 S.I. No. 265 of 1978 (hereinafter called "the said Order") fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Tailoring 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 the Employment Regulation Order (Tailoring Joint Labour Committee) 1979.

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

(3) The provisions set out in the Schedule hereto shall have effect as from 10th December, 1979, and as from that date the said Order shall be revoked.

Note: Enquiries should be addressed to the Joint Labour Committees Section, The Labour Court, Davitt House, Dublin 4. (Phone 765861 ext. 169 and 182).

SCHEDULE

PART I

SECTION I

GENERAL MINIMUM INCENTIVE RATES AND MINIMUM TIME BASIS RATES AS DEFINED BY SECTION 47 (i) OF THE INDUSTRIAL RELATIONS ACT, 1946 FOR PERSONS EMPLOYED IN JOB CLASSES AS SPECIFIED BELOW, SUBJECT TO THE PROVISIONS OF THE ANTI/DISCRIMINATION PAY ACT, 1974.

LEARNERS.

(i) For 1st six months of Learnership— 60% of job class 5 i.e. £50 for 40 hours work per week.

For 2nd six months of Learnership — 70% of job class 5 i.e. £50 for 40 hours work per week.

For 3rd six months of Learnership or at 20 years of age of over — 80% of job class 5 i.e. £50 for 40

hours work per week.

For 4th six months of Learnership — 90% of job class 5 i.e. £50 for 40 hours work per week.

After two years — 100% of appropriate Job Class rate.

(ii) On completion of two years' learnership a person may be appointed to a job in Job Class 1, 2, 3, 4, or 5 and shall be entitled to the general minimum remuneration appropriate to that Job Class.

SECTION II.

PIECE-WORK BASIS RATE FOR ALL WORKERS.

Workers, including Learners, when employed on Piece-Work, shall be paid for each operation on which so employed, a Piece-Rate not less than that which would yield at least the equivalent of the rate applicable to the relevant Job Class.

SECOND PHASE.

The Second Phase shall operate from 20th February, 1980.

Under this second phase, the basic pay of employees should be increased by 2 per cent, together with an increase of 1 per cent for each 1 per cent rise over 7 per cent in the Consumer Price Index in the period mid-November, 1978 to mid-November, 1979 subject to a limit of 5 per cent.

In respect of any increase above 12 per cent in the Consumer Price Index in the period mid-November 1978 to mid-November 1979, an amount of 60p for each one percentage point should be paid, subject to a limit of £2.40 per week.

The minimum increase under this phase should be £3 per week.

PART II.

HATMAKING BRANCH.

GENERAL MINIMUM TIME-RATES AND PIECE-WORK BASIS TIME-RATES FOR WORKERS EMPLOYED IN JOB CLASSES REPRESENTED BELOW, OR IN JOBS EQUAL IN SKILL, EFFORT AND RESPONSIBILITY TO JOBS REPRESENTED BELOW, SUBJECT TO THE PROVISIONS OF THE EQUAL PAY ACT.

LEARNERS.

(i) For 1st six months of Learnership — 60% of job class 5 for 40 hours work per week.

For 2nd six months of Learnership — 70% of job class 5 for 40 hours work per week.

For 3rd six months of Learnership or at 20 years of age or over — 80% of job class 5 for 40 hours

work per week.

For 4th six months of Learnership —90% of job class 5 for 40 hours work per week.

After two years —100% of appropriate Job Class rate per week.

(ii) On completion of two years' Learnership a person may be appointed to a job Class 1, 2, 3, 4 or 5 and shall be entitled to the general minimum remuneration appropriate to that Job Class.

SECTION II.

PIECE-WORK BASIS TIME-RATE FOR ALL WORKERS.

Workers, including Learners, when employed on Piece-Work for which no General Minimum Piece-Rate has been fixed by the Committee, shall be paid for each operation on which so employed a Piece-Rate not less than that which would yield in the circumstances of the case to an ordinary worker at least the equivalent of the rate applicable to the relevant Job Class.

SECOND PHASE.

The Second Phase shall operate from 20th February, 1980.

Under this second phase, the basic pay of the employees should be increased by 2 per cent together with an increase of 1 per cent for each 1 per cent rise over 7 per cent in the Consumer Price Index in the period mid-November 1978 to mid-November, 1979 subject to a limit of 5 per cent.

In respect of any increase above 12 per cent in the Consumer Price Index in the period mid-November, 1978 to mid-November, 1979, an amount of 60p for each one percentage point should be paid, subject to a limit of £2.40 per week.

The minimum increase under this phase should be £3 per week.

PART III.

NORMAL WORKING HOURS.

SECTION I.

( 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:

Workers over 16 years and under 18 years; the maximum number of hours which may be worked shall be governed by the provisions of the Protection of Young Persons (Employment) Act, 1977 .

PROVIDED THAT.

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

SECTION II OVERTIME RATES.

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 normal number of hours shall as follows:—

(1) On any day other than Sundays and Public Holidays.

(i) For the first four hours of overtime one-and-a-half times the minimum rate otherwise applicable i.e. time-and-a-half.

(ii) For overtime after the first four hours of overtime twice the minimum rate otherwise applicable i.e. double time.

(2) On Sunday — Twice the minimum rate otherwise applicable i.e. double time.

(3) On Customary or Statutory Public Holidays.

Twice the minimum rate otherwise applicable i.e. double time plus a day in lieu or treble time.

PART IV.

ANNUAL HOLIDAYS.

Those workers who do not have 17 days annual leave shall be entitled to a total of 17 days leave the additional day(s) to be taken during the current employment year, or before the 31st March, 1980, and thereafter as additional holidays per year. The entitlement to these additional day(s) shall be based on the provisions of the Holidays (Employees) Act, 1973 .

PART V.

CONDITIONS GOVERNING LEARNERSHIP.

SECTION I — A 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.

Provided that—

(i) The Certification or registration of a Learner 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 defined in Part VI of the Schedule) without a certificate of 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 Trade" for the purpose of the provisions in (ii) above relative to employment without a certificate of registration during the Learner's probationary period.

(v) Any Worker who has previously been employed in any branch of the Trade as defined in Part VI 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 appropriate Time-Rate.

(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) Not withstanding compliance with the conditions contained in that 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 VI.

WORKERS IN RELATION TO WHOM THE COMMITTEE OPERATES.

SECTION I.

The Joint Labour Committee operates in relation to workers engaged in the Tailoring Trade as defined in the Schedule to the Establishment Order (Tailoring Joint Labour Committee) Amendment Order, 1953 ( S.I. No. 334 of 1953 ) i.e.

THE TAILORING TRADE — that is to say—

( a ) Men's and Boys' ready made and wholesale bespoke tailoring;

( b ) Men's' and Boys' retail bespoke tailoring carried on in a factory where garments are made up for three or more retail establishments;

( c ) the making from any material of men's or boys' headgear;

( d ) the making from rubberised or oilskin material or material commonly called plastic of men's or women's boys' or girls' outer garments excluding aprons and

( e ) the making from rubberised or oilskin material or material commonly called plastic of women's or girls' headgear where carried out in association with or in conjunction with the operation described at (d) of this Schedule.

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 cut 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 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 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.

(2) 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 for knitted fabrics.

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

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

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

(6) 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's 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.

PART VII.

WAITING TIME.

WAITING TIME TO BE PAID FOR.

A worker must be paid not less than the appropriate minimum piece-work basis time-rate in respect of all time present on the employer's premises unless the employer can prove that such worker was so present (a) without the employer's consent expressed or implied or (b) for some purpose unconnected with his work and other than waiting for work to be given to him to perform; or unless the worker was present (c) only by reason of the fact that he was resident on the premises, or (d) during normal meal hours in a room or place in which no work is being done. A worker employed on piece-work is deemed during "waiting time" to have been employed at the general minimum piece-work basis time-rate applicable.

PART VIII.

SERVICE PAY.

SECTION I.

Workers engaged in any capacity designated in Part I and Part II of this Schedule who have completed not less than 5 years' continuous employment with one employer shall be entitled to service pay as follows:

SECTION II.

CONTINUITY OF SERVICE.

(i) Continuity of service will be deemed not to be interrupted by

( a ) certified illness, or

( b ) the temporary cessation of work due to any temporary cause not due to the worker's act or default which does not exceed 60 days duration.

(ii) For the purpose of this Section a worker may be required to undergo a medical examination by a doctor nominated by his employer.

GIVEN under the Official Seal of the Labour Court this 6th day of December 1979.

(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 new statutory minimum rates of pay and regulates statutory conditions of employment as from the 10th December, 1979 for workers employed in the Tailoring Trade. It is made by the Labour Court on the recommendation of the Tailoring Joint Labour Committee.