S.I. No. 132/1991 - Employment Regulation Order (Hairdressing Joint Labour Committee), 1991.

S.I. No. 132 of 1991.

EMPLOYMENT REGULATION ORDER (HAIRDRESSING JOINT LABOUR COMMITTEE), 1991.

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 the 23rd May, 1990 ( S.I. No. 133 of 1990 ) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the statutory conditions of employment of workers in relation to whom the Hairdressing 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 48 of the Industrial Relations Act, 1990 (hereinafter called "the 1990 Act") have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 48 of the Act hereby orders as follows:

(1) This Order may be cited as Employment Regulation Order (Hairdressing Joint Labour Committee), 1991.

(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 10th June, 1991 and as from that date the said Order shall be revoked.

SCHEDULE

PART I

Workers to whom this Schedule Applies

1. Workers employed in *County and County Borough of Dublin, the Borough of Dun Laoghaire and the Urban District of Bray 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 I hereof or (b) who, in the opinion of the Hairdressing 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 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 "Beautician" means "a worker who is wholly or mainly engaged in the process of beauty culture".

7. 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 1. Rates of Remuneration

Payment of hairdressers other than apprentices shall consist of a basic wage plus commission on takings. Where a basic rate plus commission is paid a record of each worker's takings shall be kept by the employer and shall be made available to the worker for the purpose of verifying the amount of commission due to him or her each week.

	From Effective Date of Order
	(i.e. 10/6/'91)
(a) Ladies' Hairdressing	£122.67 plus 10% commission on personal takings after VAT has been deducted.
(b) Gentlemans' Hairdressing	£124.67 + 12½p in £ commission after personal takings of £18 after VAT has been deducted.

*The Provisions of the Local Government (Reorganisation) Act, 1985 (section 10 and 18) do not apply.

	From Effective Date of Order
	(i.e. 10/6/'91)
4 days, 32 hours	£112.92 + 12½p in £ commission after personal takings of £15 after VAT has been deducted.
3 days, 24 hours	£94.85 + 12½p in £ commission after personal takings of £12 after VAT has been deducted.
2 days, 16 hours	£85.76 + 12½p in £ commission after persona] takings of £9 after VAT has been deducted.
1 day, 8 hours consisting of Saturdays only	£32.14 + 12½p in £ commission after personal takings of £3 after VAT has been deducted.
For any other single day	£23.04.

For any period other than those mentioned above, payment shall be made at the rate of £23.04 per day from date of Order. For the purpose of this paragraph the term "takings" shall mean all takings other than those on sales of proprietary goods.

	From Effective Date of Order
	(i.e. 10/6/'91)
(c) Beauticians and Manicurists	£91.13 + 10% commission on personal takings after VAT has been deducted.
On completion of first year	£111.57 + 10% commission on personal takings after VAT has been deducted.
(d) Apprentices	£
During 1st year of Apprenticeship	37.79
During 2nd year of Apprenticeship	46.11
During 3rd year of Apprenticeship	57.22
During 4th year of Apprenticeship	82.89

Note:Where operatives are employed in both ladies' and gentlemens' hairdressing the rates in paragraph (b) shall apply.

Section II. Hours of Work

( a ) The weekly working hours shall be reduced by 1 hour per week to 39 effective from 1st January, 1991.

( 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, (39 hours from 1/1/1991) for time worked in excess of 40 hours from 1/1/1991) in any week.

Daily Overtime to be paid at the rate of time-and-a-half to workers whose normal working week is less than 40 hours, (39 hours from 1/1/91) for time worked in excess of 8 hours in any day.

Sunday Overtime to be paid at twice the minimum rate otherwise applicable i.e. double time.

Section III. Annual Holidays

( a ) Those workers who do not have 20 days Paid Leave shall be entitled to a total of 20 days paid leave in the holiday year 1983/84 and thereafter. Employees who come within the scope of the Holidays (Employees) Act, 1973 and the Worker Protection (Regular Part-Time Employees) Act, 1991 shall be entitled to 20 days annual leave and the relevant provisions of those Acts should apply.

( b ) Payment in respect of annual leave shall be calculated in accordance with Section 6 (3) of the Holidays (Employees) Act, 1973 . and Section 4 of the Worker Protection (Regular Part-Time Employees) Act, 1991 .

( c ) Payment in respect of Public Holidays shall be in accordance with the Holidays (Employees) Act, 1973 and 1991.

Section IV. Service Pay

Service Pay to apply as follows:—

After 5 years continuous service — £0.50 per week

After 10 years continuous service — £0.75 per week

After 15 years continuous service — £1.50 per week

After 20 years continuous service — £2.00 per week

Section V. Compassionate Leave

Compassionate Leave shall apply as follows:—

( a ) Three days for the death of a close relative i.e. mother, father, sister, brother, wife, husband, son or daughter.

( b ) One day for the death of an aunt, uncle, parent-in-law, grandparent, where the deceased is a more distant relative, by agreement between employer and employee.

Section VI. Sick Pay Scheme

( a ) Employee to notify employer of illness before 12 noon on first day of illness.

( b ) Medical certificate to be submitted by third day of illness and on a weekly basis thereafter.

( c ) An employee must have completed six months employment in a hairdressing salon before qualifying for benefit.

( d ) No benefit to be paid for the first three days of illness.

( e ) All qualified personnel to receive £8 per week for fifteen weeks where the employees income from other sources i.e. Social Welfare, PRSI etc., does not exceed normal basis pay rate. Pro-rata benefits to apply to apprentices as follows:—

Apprentices	1st year — £3.00 per week
	2nd year — £3.75 per week
	3rd year — £4.50 per week
	4th year — £6.00 per week

( f ) Contribution to scheme to be 10p per week for apprentices and 12p per week for qualified stylists.

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 one months without a certificate of Registration but in the event of such apprenticeship being continued, thereafter in employment, the probationary period shall be included in the period of apprenticeship.

( b ) An apprentice who transfers from a salon covered by the Hairdressing (Cork County Borough) Joint Labour Committee to a salon covered by the Hairdressing (Dublin) Joint Labour Committee shall be entitled to recognition for the period of apprenticeship already served.

( c ) Where an apprentice is, through illness, continuously absent from employment for a period in excess of two months, 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 Joint Labour Committee.

Section II. Number of Apprentices

( a ) Ladies' Hairdressing

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

( b ) Gentlemen's hairdressing

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. Registration

( a ) An employer who wishes to employ a worker as an apprentice must apply to the Hairdressing Joint Labour Committee for registration of the worker. Application must be made even though the worker was previously registered as an apprentice in the trade. The Committee shall in due course issue a certificate of Registration to the said employer.

( b ) The employer shall safely keep the Certificate of Registration and shall produce it on request to an Inspector duly appointed by the Minister for Labour under Part IV of the Industrial Relations Act, 1946 , or to the Committee. He shall also surrender it to the apprentice when leaving his employment and shall enter on it the date of termination of employment.

GIVEN under the Official Seal of the Labour Court, this 30th day of May, 1991.

KEVIN HEFFERNAN,

Chairman.

EXPLANATORY NOTE.

This Instrument fixes with effect from 10th June, 1991 statutory minimum rates of remuneration and regulates statutory conditions of employment of workers employed in the Hairdressing Trade in the County and Borough of Dublin, the Borough of Dun Laoghaire and the Urban District of Bray. It is made by the Labour Court on the recommendation of the Hairdressing Joint Labour Committee.