S.I. No. 40/1994 - Employment Regulation Order (Hairdressing (Cork County Borough) Joint Labour Committee), 1994.

S.I. No. 40 of 1994.

EMPLOYMENT REGULATION ORDER (HAIRDRESSING (CORK COUNTY BOROUGH) JOINT LABOUR COMMITTEE), 1994.

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 June, 1990 ( S.I. No. 153 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 (Cork County Borough) 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 1990 Act hereby orders as follows:

(1) This Order may be cited as Employment Regulation Order (Hairdressing (Cork County Borough) Joint Labour Committee), 1994.

(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 7th March, 1994 and as from that date the said Order shall be revoked.

Note: Enquiries should be addressed to the Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Telephone 6608444, Extension Nos. 301, 303 and 304).

SCHEDULE

PART I

Workers to whom this Schedule applies

1. Workers employed in the Cork County 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 I hereof or (b) who, in the opinion of the Hairdressing (Cork County 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 I hereof and (ii) has received a certificate of registration as an apprentice from the Hairdressing (Cork County 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

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.

	Per Week	Per Week	Per Week
	From Effective date of Order i.e. 7/3/'94	From 3/10/94	From 5/6/95
(a) Hairdressers employed in Ladies and Unisex hairdressing undertakings.	£108.42 + 10% commission on personal takings over £108.42.	£112.67 + 10% commission on personal takings over £112.67	£118.42 + 10% commission on personal takings over £118.42
(b) Hairdressers employed in gentlemens hairdressing undertakings.	£126.02 + 10% commission on personal takings over £126.02.	£130.27 + 10% commission on personal takings over £130.27	£136.02 + 10% commission on personal takings over £136.02
(c) Manicurists employed in all hairdressing undertakings.	£105.70 + 10% commission on personal takings over £105.70.	£109.95 + 10% commission on personal takings over £109.95	£115.70 + 10% commission on personal takings over £115.70

(d) Apprentices employed in all hairdressing undertakings.

1st year 30%, 3rd year 60%,

2nd year 40% 4th year 80%

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

From

Effective

date of Order

i.e. 7/3/'94

From

3/10/'94

From 5/6/'95

(e) Receptionists employed in all hairdressing undertakings.

£112.12

£115.37

£121.12

Section II. Hours of Work

( a ) The normal number of hours to be worked in any week shall be 39 hours. (from 1/1/1991).

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

( c ) Overtime to be paid as follows:—

Daily overtime to be paid at the rate of time-and-a-half to workers whose normal working week is less than 39 hours, (from 1/1/1991) for time worked in excess of 8 hours in any day.

Weekly overtime to be paid at the rate of time-and-a-half to workers whose working week is 39 hours (from 1/1/1991) for time worked in excess of 8 hours in any day.

Section III. Annual Holidays

( a ) Those workers who do not have 20 days Annual Leave shall be entitled to a total of 20 days Annual Leave in the leave year 1985 and thereafter. The entitlement to these additional days shall be based on the provisions of 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 .

Section IV. Service Pay

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

PART III

CONDITIONS GOVERNING APPRENTICESHIP

Section I. Period of Apprenticeship

The period of employment by way of apprenticeship shall be four 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 three 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 ) 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 County Borough) Joint Labour Committee.

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

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. Registration

( a ) An employer who wishes to employ a worker as an apprentice must apply to the Hairdressing (Cork County Borough) 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 Enterprise and Employment 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 1st day of March, 1994.

(Signed) KEVIN HEFFERNAN.

Chairman.

EXPLANATORY NOTE.

This Instrument fixes with effect from 7th March, 1994 statutory minimum rates of pay and regulates statutory conditions of employment for 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 County Borough) Joint Labour Committee.