Written Answers - Employment Regulation Orders.

Tuesday, 31 January 2006

Dáil Eireann Debate
Vol. 613 No. 13

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  393.  Mr. Wall  Information on Jack Wall  Zoom on Jack Wall   asked the Minister for Enterprise, Trade and Employment  Information on Micheál Martin  Zoom on Micheál Martin   if there is legislation in place or guidelines indicating rates of payment for persons employed in the hotel and restaurant business for premium working hours for weekends that is Saturday and Sunday; and if he will make a statement on the matter. [2912/06]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Killeen): Information on Tony Killeen  Zoom on Tony Killeen  The wages and employment conditions of workers employed in the hotel and restaurant business are in most instances governed by employment regulation orders made pursuant to the provisions of the Industrial Relations Acts 1946 to 2004.

The hotels employment regulation order applies to workers employed in hotels anywhere throughout the State except the County Borough of Cork and areas known until 1 January 1994 as the County Borough of Dublin and the Borough of Dún Laoghaire.

Wages and employment conditions of workers employed in the catering industry are governed by two catering employment regulation orders, one of which covers workers employed in catering establishments in the areas known until 1 January 1994 as the County Borough of Dublin and the Borough of Dún Laoghaire, and the other employment regulation order which covers catering establishments outside that area.

None of the above orders contains specific provision for payment of a premium for work carried out on Saturdays. In relation to Sunday work, the hotels employment regulation order provides that “work performed on Sunday, which forms part of [1455]the 78 hour rostered fortnight, shall be paid for at double time. The extra pay, which is additional to normal pay will be based on the appropriate rate without Board or Lodging”.

The order also provides that “when an employee works a full day on a Sunday, which is in addition to the 78 hour rostered fortnight, he or she shall receive two additional day’s pay based on the rate without Board or Lodging and pro rata for part-days”.

The catering employment regulation order covering workers employed in catering establishments in the areas known until 1 January 1994 as the County Borough of Dublin and the Borough of Dún Laoghaire provides that “all workers rostered to work on Sundays, other than overtime, shall be paid time plus one-third for rostered work. 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 is agreed between the employer and worker”.

The order also provides that “part-time and casual workers are entitled to overtime after 78 hours in any fortnightly pay period. Where part-time or casual workers work on both Sundays in a fortnight, the second Sunday will be paid at the appropriate Sunday overtime rate of double time (whether or not 78 hours have been completed)”.

The catering employment regulation order which covers workers employed in catering establishments for areas other than the areas known until 1 January 1994 as the County Borough of Dublin and the Borough of Dun Laoghaire provides that “work performed on Sunday, as part of the normal roster, shall be paid at the rate of double time”.

The Deputy will be aware that it is the function of joint labour committees established for each of the sectors concerned to set out minimum rates of pay and relevant conditions of employment in employment regulation orders. Each committee is composed of representatives of employers and workers in the sector.

  394.  Mr. Wall  Information on Jack Wall  Zoom on Jack Wall   asked the Minister for Enterprise, Trade and Employment  Information on Micheál Martin  Zoom on Micheál Martin   if, in the hospitality industry a shift payment is permitted that reduces the legal minimum rate of payment (details supplied); and if he will make a statement on the matter. [2913/06]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Killeen): Information on Tony Killeen  Zoom on Tony Killeen  Wages and employment conditions of workers employed in the catering industry are governed by two catering employment regulation orders, one of which covers workers employed in catering establishments in the areas known until 1 January 1994 as the County Borough of Dublin and the Borough of Dún Laoghaire, and the [1456]other employment regulation order which covers catering establishments outside that area.

The catering employment regulation order for the areas known until 1 January 1994 as the County Borough of Dublin and the Borough of Dún Laoghaire provides the normal working fortnight, before overtime, shall be 78 hours for all full-time employees aged 18 years and over, over a minimum of eight days and a maximum of ten days. Normally, staff may be rostered for a maximum of ten hours per day but this may be extended to a maximum of 12 hours with the agreement of the individual employer and employee. Any shift in excess of eight hours is subject to employees receiving a 15 minutes paid and a 30 minutes unpaid break under the order. Employees are entitled to payment in respect of all hours worked and there are no exceptions to this basic entitlement.

The catering employment regulation order for the areas other than the areas known until 1 January 1994 as the County Borough of Dublin and the Borough of Dún Laoghaire makes no specific provision in relation to length of shifts. However, all employees, aged 18 years and over are entitled to breaks and rest periods in accordance with the Organisation of Working Time Act and are entitled to payment in respect of all hours worked.

The Deputy will be aware that it is the function of joint labour committees established for each of the sectors concerned to set out minimum rates of pay and relevant conditions of employment in employment regulation orders. Each committee is composed of representatives of employers and workers in the sector.

The labour inspectorate of the Department is responsible for ensuring compliance with the provisions of all employment regulation orders. I urge anyone who has specific evidence of any breaches of these orders to furnish all the relevant details and any related materials to the inspectorate which will pursue the matter.

Question No. 395 answered with Question
No. 389.


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