S.I. No. 187/1997 - Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee), 1997

S.I. No. 187 of 1997.

EMPLOYMENT REGULATION ORDER (CONTRACT CLEANING (CITY AND COUNTY OF DUBLIN) JOINT LABOUR COMMITTEE), 1997

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, 1996 ( S.I. No. 194 of 1996 ) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the statutory conditions of employment of workers in relation to whom the Contract Cleaning (City and County of Dublin) 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 the Employment Regulation Order (Contract Cleaning (City and County of Dublin) Joint Labour Committee), 1997.

(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 1st June, 1997.

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

SCHEDULE

PART I

WORKERS TO WHOM THIS SCHEDULE APPLIES.

1. Workers employed in Contract Cleaning in the City and County of Dublin who are engaged on any of the following duties, that is to say:—

The cleaning of the interior of offices, shops, hospitals, factories, stores and other similar establishments.

BUT EXCLUDING.

(i) Workers affected by any Employment Agreement, that is "an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union of workers and an employer or trade union of employers or made, at a meeting of a registered joint industrial council, between members of the council representative of workers and members of the council representative of employers."

(ii) Workers to whom an Employment Regulation Order made as a result of proposals received from another Joint Labour Committee applies.

(iii) Workers engaged on exterior structural cleaning.

2. In this schedule "Contract Cleaning" means the cleaning of premises by companies engaged in whole or in part on the provision of cleaning and janitorial services in establishments such as hospitals, offices, shops, factories, stores or similar establishments on a contract basis.

PART II

STATUTORY MINIMUM REMUNERATION AND CONDITIONS OF EMPLOYMENT.

Section I - Rates of Remuneration

(i) Rate of remuneration per hour

(ii) Travel allowance per shift, per person, where transport is not provided by employer.

Pay increases for full time adult employees shall be calculated from effective date of Order on the basis of 2.5% increase in basic weekly pay from 1/6/97 and 1% increase from 1/12/97.

Section II - Annual Holidays

( a ) In the Holiday year 1986 and thereafter, workers with I year's service are entitled to a minimum of 13 days annual leave per annum, in accordance with the terms of the Holidays (Employees) Act, 1973 and the Worker Protection (Regular Part-Time Employees) Act, 1991 , exclusive of any qualifying number of hours required by the Act, calculated at 1.08 days per month, with pro rata entitlement for workers with less than I year's service.

( b ) In the Holiday year 1989 and thereafter, workers are entitled to a day's holiday or double time off in lieu in respect of Good Friday.

( c ) Payment for Public Holidays is in accordance with the Holidays (Employees) Act, 1973 , exclusive of any qualifying number of hours required by the Act, provided the employee has 5 weeks' service prior to Public Holidays.

( d ) Workers who qualify for 15 days annual leave under the Holidays (Employees) Act, 1973 shall receive 3 days additional annual leave in the Holiday Year 1989 and thereafter, which shall not be less than 3 weeks, i.e. 18 days for 5 day week and 6 day week workers and 21 days for 7 day week workers.

PART III

SECTION I.

Terms of Employment

All Employers will, on request or within one month of the commencement of employment, provide each employee with a written statement of the employee's terms of employment including

Name of worker

PAYE Number

PRSI Number

(1) Date of commencement of employment Day, Month, Year.

(2) Name of Company.

(3) Address of Company.

(4) Pay - Weekly ...................... Hourly ..................... Bonus (if any) Travel payments.

(5) Pension scheme (if any).

(6) Hours of Work

Morning .............. Evening ............ Night ............ Four weeks' notice of change in hours of work or payment in lieu of notice to be given to each employee.

(7) Overtime (Hours for which it will be paid).

Rate during weekdays.

Rate at weekends and Sundays and Bank Holidays.

(8) Shift Hours.

Rate.

Sunday working as part of Holiday Pay.

(9) Where Sunday working is part of the normal week's work, or regularly part of a roster, it will be included in Holiday Pay payment and will be made on the average of Sundays worked in the 13 weeks prior to the date of the Holiday.

PART IV

SECTION I.

Other Conditions of Employment

 Sick Pay Scheme: The following Sick Pay Scheme will apply in each employment with effect from 5th June, 1989.

( a ) Medical certificate to be submitted on the 3rd day of illness and on a weekly basis thereafter.

( b ) No benefit to be paid for the first 5 working days of illness. Benefit will be paid in respect of certified illness only.

( c ) Benefit: 30% of basic weekly rate for up to 6 weeks in any one rolling year, subject to the sum of all benefits i.e. both State and Company benefits (not including occupational injury benefit) not exceeding the individual's personal rate of weekly pay.

( d ) Contribution: 0.5% of basic rate of pay for all employees.

( e ) All existing employees may opt into the scheme from the date of the Employment Regulation Order. Workers taking up employment after 5/6/89 may opt into the scheme on their date of entry to the employment. Workers may opt in or out of the scheme with effect from 1st January each year.

SECTION II.

MINIMUM NOTICE.

( a ) Employees on less than 18 hours per week

After 13 weeks each employee will receive 1 week's notice of termination of employment or payment in lieu where such notice is not given.

After 2 year's employment each employee will receive 2 weeks' notice or payment in lieu where such notice is not given. Employees must give one week's notice of intention to leave employment.

( b ) Employees on more than 18 hours per week

Such employees shall be entitled to the terms of the Minimum Notice and Terms of Employment Act, 1973 , and these terms shall be stated in each contract of employment.

( c ) In the case of a fixed term contract (e.g. temporary job), the date of termination of the contract will be stated.

SECTION III.

1. Grievance Procedure

There shall be no dispute until the dispute has been submitted for settlement by negotiation, as follows:—

Stage 1

Discussion between the workers' shop steward (if appropriate) in the Company and the management's representatives. If settlement cannot be reached at this stage, stage 2 will be implemented.

Stage 2

Discussions between the workers' union official (if appropriate) and management representatives will take place in an attempt to resolve the problem. If settlement cannot be reached at this stage, stage 3 will be implemented.

Stage 3

Reference of the dispute to either a Rights Commissioner or Labour Court conciliation conference should be agreed between the parties. If the recommendation of a Rights Commissioner is not acceptable to either party, or if the outcome of a conciliation conference is not acceptable to either party, the parties will refer the matter to a full hearing of the Labour Court. No industrial action will be taken until one month following the issuance of a Labour Court recommendation, and at least fourteen days' written notice of the intended action.

In the case where a dispute arises concerning a management instruction to an employee(s), the task shall be carried out (under protest if necessary) while the dispute is being processed through the grievance procedure. Failure to obey this instruction will render an employee liable to disciplinary action.

2. Disciplinary Procedures

Each Company will include in the Conditions of Employment details of the procedure to apply in the event of dismissing an employee. Such procedure will include the warning stages to apply prior to dismissal and will make reference to verbal and written warnings, and to the fact that, depending on the nature of the misconduct/performance, the preliminary stages of the procedure may be bypassed.

( a ) In the event of a summary dismissal, no decision will be taken until the matter has been fully investigated by Management.

( b ) The procedure will also state than an employee may be represented at any stage of the Disciplinary Procedure.

SECTION IV.

Negotiation Rights

Each Contract shall include the name of the member's Trade Union with negotiating rights in the Company where appropriate.

SECTION V.

Protection of Employment

Employers in the industry will give all reasonable notice of impending redundancies to the workers concerned.

SECTION VI.

Continuity of Employment

Employers in the industry will give full consideration to the position of workers who are unemployed as a result of a change of contractor on a site.

SECTION VII.

Maternity Leave

All female employees in the industry shall be entitled to unpaid Maternity Leave. The provisions of the Maternity (Protection of Employment) Act, 1981 will be used to establish rights and obligations to workers in the industry.

Each employee who avails of Maternity Leave shall have the right to return to work on the same site in accordance with the provisions of the Act. In the event of a new contractor taking over the contract, full consideration will be given by the new contractor to the employee absent on Maternity Leave on the same basis as other employees on the site.

SECTION VIII.

Disclosure of Information

Any Company requested will provide information on the date of termination of any contract which has been signed and, where the date of termination changes, the employee will be advised of such change. The workers' representative shall also be advised where such applies.

SECTION IX.

Change of Address

Any Company so affected shall notify employees of a change of name/address at least five days before the change is due. This information will also be conveyed to the workers' representative where appropriate.

SECTION X.

Contributions to Revenue Commissioners

On request from a worker, or his/her representative, employers will provide evidence of payment made to Revenue Commissioners and Department of Social Welfare on behalf of that worker.

SECTION XI.

Deduction of Union dues at source

Each employer shall, on receipt of a written request from members, deduct union dues from worker's wages. The implementation date shall be as soon as possible.

GIVEN under the Official Seal of the Labour Court, this 1st day of May, 1997.

(Signed) EVELYN OWENS,

Chairman.

EXPLANATORY NOTE.

This Instrument fixes with effect from the 1st June, 1997 statutory minimum rates of remuneration and regulates statutory conditions of employment for workers employed in the Contract Cleaning (City and County of Dublin) Industry. It is made by the Labour Court on the recommendation of the Contract Cleaning (City and County of Dublin) Joint Labour Committee.