Employment Regulation Order (Catering Joint Labour Committee), 1999.
Statutory Instruments
Source: Statutory Instruments

num: 92
paragraphs: 67
num: 87
paragraphs: 77
num: 93
paragraphs: 47
* The maximum amount which may be deducted from any worker in respect of board is £7.00 per week except where such worker is working in a catering establishment where a class (a) cook is not employed. Where such worker is working in conjunction with a worker in class (b) or with a fully qualified cook performing the functions of a worker in class (b) the maximum deduction for board shall be £1.92 per week.
Where board and lodging is provided the maximum amount which may be deducted is £24.45 per week.
3. Part-time or casual workers
Any part-time or casual worker shall be paid pro-rata at the hourly equivalent of the weekly rate relative to his or her particular class as defined above.
4. Twelve Months” Initial rate:
The twelve months” initial rate (90% of full rate without board) applies to workers in classes (b), (c), (f), (g) and (h) and applies for the first twelve months of employment in any of the five classes by any employer. Certified service of twelve months or more in a specific class with a previous employer shall entitle a worker in that class to the full rate.
5. Workers appointed to the following posts by employers shall be paid the minimum differential over the standard rate as indicated—
6. Apprenticeship ratios:
A ratio of 1:1 (i.e. 1 trainee worker for every trained worker) will apply with a derogation for attendance at C.E.R.T. training courses and/or a training programme organised with the approval of C.E.R.T.
7. Service Charge
Service charge, where levied, shall be distributed weekly to waiters, waitresses, counter assistants, barmen and barmaids. A maximum of 20% of the total service charge may be distributed to any other classes covered by this Employment Regulation Order with the agreement of the majority of the staff.
The normal working fortnight shall be any 10 days and shall consist of 78 hours for all workers aged 18 years and over.
Young persons aged 14 and 15 may only be employed on holiday work (maximum of 35 hours per week) or on work experience (maximum of 40 hours per week). The normal number of hours for young persons on holiday work shall be 70 hours in any fortnight, but must not exceed 35 hours per week, and for young persons on work experience shall be 78 hours in any fortnight, but must not exceed 40 hours per week.
The normal number of hours for young persons aged 16 or 17 shall be 78 hours in any fortnight but must not exceed 40 hours in any week.
1. All employees are entitled to annual leave in accordance with the provisions of the Organisation of Working Time Act, 1997 .
2. Entitlement in respect of Public Holidays is in accordance with the provisions of the Organisation of Working Time Act, 1997 .
3. Six weeks” notice of intention to allow annual leave shall be given by employers to their workers.
4. Where a worker has worked on any public holidays throughout the year, the days off in lieu may be taken consecutively or added to the worker”s annual leave.
1. Overtime shall be at the rate of time plus one half, for hours worked in excess of 39 hours per week. Work done on a day on which a worker would normally be off duty, including Sunday, shall be paid for at the rate of double time except where an option to take time off in lieu can be agreed between employer and worker.
2. Each worker shall be made aware of his rostered duty for each period of the rostered duty one week in advance of the commencement of rostered duty. Any hours worked in excess of rostered duty on any day shall be paid for at the overtime rate of time plus one half up to 12.00 midnight, and thereafter at double time.
3. A worker rostered to work night duty between the hours of 12.00 midnight and 7.00 a.m. which is not overtime, or which is not covered by a trade union negotiated shift pay agreement, shall be compensated by the payment of an allowance equivalent to 25% of his basic pay, for hours worked during that period.
4. Sunday Work:
(i) Within the 78 hour fortnight, every second Sunday shall be regarded as a day off.
(ii) Work performed on Sunday, as part of the normal roster, shall be paid at the rate of double time.
5. Spreadover Duty/Finishing Time:
(i) The maximum period for spreadover duty shall not exceed 12 hours in any day, and workers subject to spreadover duty shall be entitled, in each week throughout the year, to one day at a maximum of 8 hours spreadover or 2 days at a maximum of 10 hours spreadover. The short spreadover shall be calculated from normal starting time unless otherwise agreed.
(ii) For workers aged 18 years and over, a minimum period of 8 hours shall elapse between a worker”s normal finishing time each night and starting time next morning.
(iii) Permanent and casual workers aged 16 and 17 years of age shall not be required to work before 6.00 a.m. or after 10.00 p.m.
(iv) Workers under 16 years of age shall not be required to work before 8.00 a.m. or after 8.00 p.m.
6. (i) Workers under 16 years of age must have the following rest breaks:
(ii) Workers over 16 and under 18 years of age must have the following rest breaks:
(iii) Workers aged over 18 shall be entitled to breaks and rest periods in accordance with the Organisation of Working Time Act, 1997 .
7. Each worker who has accumulated at least a total of the equivalent of six months full time service shall be entitled to the next full time rate, provided at least one calendar year has elapsed since he or she commenced on the lower rate.
Each worker shall be entitled to receive from his employer on termination of his employment a certificate of service showing the period of his employment, the length of service and average weekly hours worked in each particular grade in which he or she may have been employed.
GIVEN under the Official Seal of the Labour Court, this 23rd day of March, 1999.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This Instrument fixes, with effect from the 1st April, 1999, statutory minimum rates of remuneration and statutory conditions of employment of certain workers employed in catering establishments anywhere throughout the State except the areas known until 1st January, 1994 as the County Borough of Dublin and the Borough of DÃºn Laoghaire. It is made by the Labour Court on the recommendation of the Catering Joint Labour Committee.