Employment Regulation Order (Hotels Joint Labour Committee) 1972.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: Workers employed in a hotel undertaking anywhere throughout the State except the County Boroughs of Dublin and Cork and the Borough of Dun Laoghaire by the person carrying on that undertaking and who are engaged on any of the following work, that is to say:—
(a) the preparation of food or drink;
(b) the service of food or drink;
(c) the provision of living accommodation;
(d) the retail sale of goods;
(e) work incidental to (a), (b), (c) or (d);
(f) work performed at any office or at any store or warehouse or similar place;
BUT EXCLUDING
(i) Managers, assistant managers and trainee managers, receptionists, head clerks, head storemen and housekeepers.
(ii) Workers affected by a Registered Employment Agreement.
num: 2
paragraphs: In this Schedule "hotel" means either:—
(a) a premises registered in the register of hotels under the provisions of the Tourist Traffic Acts, 1939 to 1957,
or
(b) a premises licensed under the Licensing Acts 1833 to 1962 and having not less than 10 apartments normally available for the sleeping accommodation of travellers.
PART II.
STATUTORY MINIMUM RATES OF REMUNERATION PER WEEK.
SECTION I.—NON-TIPPING ZONE.
With full Board and Lodging
With Board Only
Without Board or Lodging
£
£
£
(i) Male Cooks
1st Year .. .. ..
4·42½
6·00
8·45
2nd ,,.. ..
6·52½
8·10
10·55
3rd ,, .. .. ..
8·87½
10·45
12·90
4th ,, .. .. ..
12·07½
13·65
16·10
Trained .. .. ..
18·47½
20·05
22·50
(ii) Female Cooks
1st Year .. .. ..
4·42½
6·00
8·45
2nd ,,.. .. ..
5·92½
7·50
9·95
3rd ,,.. .. ..
7·62½
9·20
11·65
4th ,,.. .. ..
9·02½
10·60
13·05
Trained .. .. ..
11·87½
13·45
15·90
(iii) General Male Workers
Under 16 years of age
3·72½
5·30
7·75
16 to 17 years of age
4·67½
6·25
8·70
17 to 18 ,, ,, ,, ..
5·77½
7·35
9·80
18 to 19 ,, ,, ,,..
8·67½
10·25
12·70
19 to 20 ,, ,, ,, ..
10·67½
12·25
14·70
20 and Over .. .. ..
14·47½
16·05
18·50
(iv) General Female Workers
Under 18 years .. ..
6·02½
7·60
10·05
18 and Over .. .. ..
9·62½
11·20
13·65
(v) Female Workers wholly or mainly engaged on Stillroom Duties
Under 18 years .. ..
6·67½
8·25
10·70
18 and Over .. .. ..
10·12½
11·70
14·15
Provided that before a worker is classed as a trained Male Cook or Female Cook he/she shall have passed a qualifying examination held under the auspices of the Council for Education Recruitment and Training for the Hotel Industry (CERT) during the fourth year of training. A General Female Worker is a worker engaged on general kitchen, scullery or laundry duties or on cleaning any part of the premises.
SECTION II—TIPPING ZONE
With full Board and Lodging
With Board Only
Without Board or Lodging
Guaranteed Gratuities
£
£
£
£
(i) Waiter 1st Year..
3·67½
5·25
7·70
0·55
,, 2nd ,, ..
5·87½
7·45
9·90
1·10
,, 3rd ,, ..
7·17½
8·75
11·20
1·93
,, 4th ,,
and Over .. ..
11·60½
13·17½
15·62½
2·75
(ii) Waitress 1st Year ..
4·32½
5·90
8·35
0·55
,, 2nd ,,
5·87½
7·45
9·90
1·10
,, 3rd ,,..
6·82½
8·40
10·85
1·65
,, 4th ,,..
and Over
8·75
10·32½
12·77½
2·20
(iii) Housemaids 1st Year
4·57½
6·15
8·60
0·55
,, 2nd ,, ..
6·92½
8·50
10·95
1·10
,, 3rd ,,
and Over.. ..
8·62½
10·20
12·65
1·65
(iv) Porter 1st Year ..
4·42½
6·00
8·45
1·10
,, 2nd ,, ..
6·77½
8·35
10·80
1·65
,, 3rd ,, ..
8·47½
10·05
12·50
2·20
,, 4th ,,
and Over.. ..
11·60
13·17½
15·62½
2·75
(v) Pageboy
4·22½
5·80
8·25
0·83
(vi) Barmen 1st Year ..
4·42½
6·00
8·45
0·55
,, 2nd ,,..
6·87½
8·45
10·90
0·55
,, 3rd ,,..
10·27½
11·85
14·30
1·10
,, 4th ,,
and Over.. ..
14·47½
16·05
18·50
1·38
(vii) Barmaid 1st Year
5·82½
7·40
9·85
0·55
,, 2nd ,,
8·52½
10·10
12·55
0·83
,, 3rd ,,
and Over .. ..
10·37½
11·95
14·40
1·10
PROVIDED THAT :—
Porters who commence employment at 19 years of age shall start at the 2nd year rate.
Porters who commence employment at 20 years of age shall start at the 3rd year rate.
Porters who commence employment at 21 years of age or over shall be paid full rate.
"Guaranteed Gratuities" means the minimum sum to be received by a worker from this source in each full week: where the worker receives less than this sum directly the employer shall make good the deficiency.
SECTION III.—OTHER FEMALE WORKERS TO WHOM THE ESTABLISHED ORDER APPLIES
With full Board and Lodging
With Board Only
Without Board or Lodging
£
£
£
1st
Year .. .. .. ..
5·27½
6·85
9·30
2nd
,,.. .. .. ..
7·47½
9·05
11·50
3rd
,, and Over.. .. ..
10·62½
12·20
14·65
NOTE : Any worker who by agreement with his/her employer does not avail of food for a complete day(s) may seek a refund of the charge for food in respect of the day or days.
SECTION IV.
Persons appointed to the following posts by management shall be paid the minimum differential over the standard rate as indicated :—
Post
Minimum differential
£
Head Cook (Male) .. .. .. ..
3·75
2nd
" "
2·35
Head Cook (Female)
2·65
2nd
" ".. .. .. ..
2·00
Head Waiter .. .. .. .. ..
2·75
2nd
" " .. .. .. .. ..
2·00
Head Waitress.. .. .. .. ..
2·30
2nd
" " .. .. .. .. ..
1·55
Head Porter
2·75
2nd
" ".. .. .. .. ..
2·00
Head Housemaid.. .. .. ..
2·35
2nd
" ".. .. .. .. ..
1·55
Head Barman.. .. .. .. ..
2·55
2nd
" " .. .. .. .. ..
1·80
Head Barmaid.. .. .. .. ..
2·20
2nd
" ".. .. .. .. ..
1·50
PHASE II—FROM 1ST OCTOBER, 1973.
All the foregoing rates will be increased by 4% from 1st October, 1973, and for each 1% increase over 4% in the Consumer Price Index Figure between August 1972 and August 1973 a 15p per week (or pro rata) supplement shall be added.
NOTE :—
In calculating the statutory minimum rate of remuneration applicable to any of the workers specified in Section I or II of this Part the following provisions shall apply :—
num: 1
paragraphs: A worker who has completed a full-time hotel training course of six months duration under the auspices of the Council for Education, Recruitment and Training for the Hotel Industry (CERT) or a Vocational Education Committee shall, on commencement of employment, be placed on the appropriate second-year scale.
num: 2
paragraphs: A worker who has completed a full-time hotel training course of two years' duration under the auspices of CERT or a Vocational Education Committee shall, on commencement of employment, be placed on the appropriate third-year scale.
num: 3
paragraphs: In any hotel where only junior staff of any of the following categories are employed—waiting, cooking and bar staff, housemaids and porters—the following provisions shall apply:—
(a) where four juniors are employed one of the four shall be placed on the next higher scale;
(b) for each additional three juniors employed one additional junior shall be placed on the next higher scale.
num: 4
paragraphs: In any hotel where none of the cooking staff is on full rate, one of the female cooks shall be paid a rate one year in excess of the highest prevailing rate of any of the female cooking staff,
num: 5
paragraphs: In the case of temporary staff employed in seasonal hotels, the season, or that part of the season during which the hotel is open, shall count as a full year for the purpose of calculating the appropriate rate of pay applicable the following season.
PART III.
STATUTORY CONDITIONS OF EMPLOYMENT.
SECTION I.—NORMAL WORKING HOURS.
num: 1
paragraphs: During the season the normal working fortnight shall be any 11 days.
num: 2
paragraphs: During the off-season the normal working fortnight shall be 11 days, calculated on the basis of alternate Sundays off.
num: 3
paragraphs: During the season (commencing 1973) the normal working fortnight for workers over 16 years of age shall be 96 hours and during the off-season (commencing 1972) 92 hours, subject to a maximum of 54 hours being worked as normal time in any week.
num: 4
paragraphs: The normal working fortnight for workers under 16 years of age shall be 86 hours.
The "season" means the period commencing on the Sunday before Easter Sunday and ending on the last Sunday in September.
SECTION II.—HOLIDAYS.
num: 1
paragraphs: Workers shall be granted holidays in accordance with the provisions of the Holidays (Employees) Act, 1961 . These provisions include fourteen consecutive whole holidays including two Sundays and the following six Public Holidays—Christmas Day, St. Stephen's Day, St. Patrick's Day, Easter Monday, June Holiday and the first Monday in August. Where a worker is required to work on a Public Holiday, he must be given either—
(a) a day off in lieu with pay within a month, or
(b) an additional day with pay added to his annual leave, or
(c) payment for the day equivalent to twice the amount of a full day's pay.
num: 2
paragraphs: Six weeks' notice of intention to allow annual leave shall be given by employers to their workers.
num: 3
paragraphs: Where a worker has worked on any Public Holidays throughout the year, the days off in lieu may be taken consecutively and added to the worker's two weeks annual leave.
num: 4
paragraphs: In addition to the annual entitlements under the Holidays (Employees) Act, 1961 , workers who qualify for full holidays shall be granted an extra week's holidays, the extra leave to be taken each year between 1st October and the following 31st March.
SECTION III.—OTHER CONDITIONS OF EMPLOYMENT.
num: 1
paragraphs: Overtime Rates
Overtime shall be paid for at the rate of time-and-a-half. Overtime rates shall be calculated by reference to the hourly rate which shall be the appropriate weekly rate "Without Board or Lodging" divided by 48.
num: 2
paragraphs: Sunday Work
Work performed on Sunday shall be paid for at the rate of time-and-a-half. Where a worker is required to work on a Sunday on which in normal circumstances he would have been off duty, such work shall be paid for at the rate of time-and-three-quarters.
num: 3
paragraphs: Day off other than Sunday
Where a worker is required to work on his off-day such work shall be paid for at the rate of double time during the season and time-and-three-quarters during the off-season.
num: 4
paragraphs: Finishing Time
(i) Workers shall be entitled each week throughout the year to either one early finishing night at 7 p.m. or two at 8.30 p.m.
(ii) Permanent workers under 16 years of age shall not be required to work later than 10 p.m. on any night.
(iii) Casual workers under 16 years of age shall not be required to work later than 11 p.m. on any night.
num: 5
paragraphs: Spreadover Duty
(i) The maximum period for spreadover duty shall not exceed 14 hours in any day.
(ii) A. minimum period of 8 hours shall elapse between a worker's normal finishing time each night and starting time next morning.
num: 6
paragraphs: Breaks
No worker shall be required to work continuously for more than 4½ hours without a break of at least 15 minutes.
num: 7
paragraphs: Lifting Excessive Weights
Workers under 18 years of age shall be employed on suitable light work.
num: 8
paragraphs: Certificate of Service.
Each worker shall be entitled to receive from his employer on termination of his employment a certificate of service showing the period for which he was employed and the standing of his employment at the date of termination.
GIVEN under the Official Seal of the Labour Court, this 23rd day
of November, 1972.
(Signed) D. MAC DIARMADA,
A person authorised under Section 18 of the Industrial
Relations Act, 1946, to authenticate the Seal of the Court.
EXPLANATORY NOTE.
This instrument fixes statutory minimum rates of pay and regulates statutory conditions of employment as from 27th November, 1972, for workers employed in a hotel undertaking anywhere throughout the State except the County Boroughs of Dublin and Cork and the Borough of Dun Laoghaire. It is made by the Labour Court on the recommendation of the Hotels Joint Labour Committee.