S.I. No. 266/1978:

EMPLOYMENT REGULATION ORDER (WOMEN'S CLOTHING AND MILLINERY JOINT LABOUR COMMITTEE), 1978.

EMPLOYMENT REGULATION ORDER (WOMEN'S CLOTHING AND MILLINERY 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 an Employment Regulation Order dated the 3rd October, 1977 ( S.I. No. 309 of 1977 ) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the conditions of employment of workers in relation to whom the Women's Clothing and Millinery Joint Labour Committee (hereinafter called "the Committee") operates, other than workers employed in the making of women's headgear in the Factory Branch of the Trade in the Borough of Galway;

AND WHEREAS the Committee has submitted to the Court proposal for revoking the said Order.

AND WHEREAS the Committee has submitted to the Court a proposals set out in the Schedule hereto for fixing the minimum rates of remuneration and regulating the conditions of employment of workers in relation to whom the Committee operates, other than workers employed in the making of women's headgear in the Factory Branch of the Trade in the Borough of Galway;

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 (Women's Clothing and Millinery 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 25th September 1978, and as from that date the said Order shall be revoked.

SCHEDULE.

PART I.

SECTION I.-- GENERAL MINIMUM TIME-RATES AND INCENTIVE TIME--RATES FOR WORKERS.

SECTION II.--LEARNERS.

PART II.

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:

(i) All time worked on Sunday and Customary Public or Statutory Holidays by a worker of either of the classes (A) or (B) above and all time worked on the sixth day by a worker of Class (B) shall be regarded as Overtime to which the overtime rates shall apply.

(ii) The overtime rates shall be payable in respect of all time worked on any day in excess of the declared normal number of hours of work for that day notwithstanding that the number of hours worked in the week does not exceed the declared normal number of hours of work for the week.

(iii) The overtime rates shall be payable in respect of all time worked in any week in excess of the declared normal number of hours of work for that week.

SECTION II.--OVERTIME RATES.

The Minimum rates for overtime to apply in respect of time worked by a worker (whether employed on time-work or on piece-work) in excess of the declared normal number of hours of work shall be 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 Sundays and Customary or Statutory Public Holidays.

Twice the minimum rate otherwise applicable, i.e. double time.

PART III.

ANNUAL HOLIDAYS.

A worker in relation to whom the Committee operates qualifies for annual leave under the Holidays (Employees) Act, 1973 .

PART IV.

WORKERS TO WHOM THIS ORDER APPLIES.

The minimum remuneration and conditions of employment set out in this Order shall apply, subject to the provisions of the Industrial Relations Act, 1946 , and of this Order, to all workers in respect of any time during which they are employed in any branch of the trade specified in the Trade Boards (Womens' Clothing and Millinery) Order, 1926 (Variation) Order, 1944, that is to say:--

The making from textiles or knitted fabrics of (a) tailored and non-tailored wearing apparel (other than handkerchiefs) worn by women or girls or by children without distinction of sex; or (b) 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; and the making from any material of women's or female children's headgear, or the trimming thereof.

INCLUDING:

(1) All operations and processes of cutting, making or finishing by hand or machine of coats, costumes, coatfrocks, mantles, service clothing, dresses, skirts, wraps, blouses, blouse robes, jumpers, sports-coats, neckwear, tea-gowns, dressing-gowns, dressing jackets, pyjamas, underclothing, underskirts, aprons, overalls, juvenile clothing, baby-linen or similar articles.

(2) ( a ) The altering, repairing, renovating or re-making of any of the above-mentioned articles.

( b ) The cleaning of any of the above-mentioned garments where carried out in association with or in conjunction with the altering, repairing, renovating or re-making of such garments.

(3) All processes of embroidery or decorative needlework where carried out in association with or in conjunction with the making, altering, repairing, renovating or re-making of such articles other than hand embroidery or hand-drawn thread work on articles made of linen or cotton or of mixed linen and cotton.

(4) The lining with fur of any of the above-mentioned garments where carried out in association with or in conjunction with the making of such garments.

(5) The following processes, if done by machine: Thread-drawing, thread-clipping, top-sewing, scalloping, nickelling and paring.

(6) Laundering, smoothing, folding, ornamenting, boxing, packing, warehousing or other operations incidental or appertaining to the making, altering, repairing, renovating or re-making of any of the above-mentioned articles.

BUT EXCLUDING:

( a ) The making of knitted articles, knitted headgear, the making of headgear from knitted fabrics; the making of underclothing, socks and stockings, from knitted fabrics, and the making from knitted fabrics of articles mentioned in paragraph 1 above, where carried on in association with or in conjunction with the manufacture of the knitted fabrics.

( b ) The making of gloves, spats, gaiters, boots, shoes and slippers.

( c ) 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 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 making or other rubberised oilskin or plastic articles.

( d ) The making of women's collars and cuffs and of nurses' stiff washing belts where carried on in association with or in conjunction with the making of men's or boys' shirts or collars.

( e ) Warehousing, packing or other similar operations carried on in shops mainly engaged in the retail distribution of articles of any description that are not made on the premises.

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

( g ) The lining with fur of any of the articles mentioned in paragraph 1 above, and the making of fur hats, where carried on in association with or in conjunction with the manufacture of furs or furriers' skins into garments, rugs or similar articles.

( h ) The branches of the trade covered by the Trade Board (Corset) Order, 1919.

( i ) The making of' hoods which:

(1) are for women's or female childrens' headgear, and

(2) are from materials which, at any stage of the making of the hoods, are felted in the premises in which the hoods are made.

PART V.

DEFINITIONS.

SECTION I.--The term "homeworker" shall be deemed to mean a worker who works in her own home or any other place not under the control or management of her employer.

SECTION II.--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 learner's certificate or has been registered in accordance with the rules from time to time laid down by the Joint Labour Committee, or has made an application for such certificate of registration which has been duly acknowledged and is still under consideration.

Any worker who has previously been employed in any branch of the Trade as defined in this Schedule and has not been registered as a learner, nor has held a learner's certificate and who is subsequently employed as a learner shall count the whole period of such previous employment for the purpose of determining the time-rate at which such worker is entitled to be paid.

A learner shall cease to be a learner and shall become entitled to the minimum rates payable to workers other than learners on the completion of the period of learnership specified in Part I, Section III.

PROVIDED THAT:--

(i) The learner's certificate 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 described in this Part of the Schedule) without a certificate for a probationary period not exceeding one month, 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) An application for a learner's certificate must be made to the Committee in respect of every worker whom it is desired to employ at the special lower rates fixed for learners.

(iv) Where the employment of a learner with a particular employer is interrupted by reason of illness, the temporary cessation of the work on which the learner is employed, the temporary reduction of the weekly quantity of such work or any other temporary cause not due to the learner's act or default, the learner shall be deemed to have been in the continuous employment of such employer for the purpose of determining the appropriate rate applicable to the learner provided that such interruption does not exceed thirty days (counting Sundays and other non-working days) and provided that the learner returns to employment with that particular employer at the end of such interruption.

(v) 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 wholetime course of instruction in the trades at a Technical School or (which may include a reasonable amount of general education) such instruction being given by a teacher whose qualification has been approved by the Department of Education and being of a minimum duration of two years.

PART VI.

WAITING TIME.

A worker must be paid not less than the appropriate minimum piece-work basis time-rate in respect of all time during which the worker is 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 work and other than waiting for work to be given to perform or unless (c) only, by reason of the fact that the worker 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 on piece-work is deemed during "Waiting Time" to have been employed at the general minimum piece-work basis time-rate applicable.

PART VII.

SERVICE PAY.

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

GIVEN under the Official Seal of the Labour Court this 20th day

of September, 1978.

(Signed) COLM COYNE.

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 as from the 25th September, 1978 statutory minimum rates of remuneration and statutory conditions of employment of workers employed in the Women's Clothing and Millinery Trade. It is made by the Labour Court on the Recommendation of the Women's Clothing and Millinery Joint Labour Committee.