S.I. No. 13/1982:

EMPLOYMENT REGULATION ORDER (HAIRDRESSING (CORK COUNTY BOROUGH) JOINT LABOUR COMMITTEE), 1982.

EMPLOYMENT REGULATION ORDER (HAIRDRESSING (CORK COUNTY BOROUGH) JOINT LABOUR COMMITTEE), 1982.

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 30th April, 1981 ( S.I. No. 155 of 1981 ) (hereinafter called "the said Order") fixing the statutory minimum remuneration and regulating the statutory conditions of employment of workers in relation to whom the Hairdressing (Cork County Borough) 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 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 Employment Regulation Order (Hairdressing (Cork Co. Borough) Joint Labour Committee), 1982.

(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 January, 1982 and as from that date the said Order shall be revoked.

SCHEDULE

PART I

WORKERS TO WHOM THIS SCHEDULE APPLIES

1. Workers employed in Cork County Borough in a hairdressing undertaking including hairdressers, apprentice or learner hairdressers, and manicurists.

2. In this Schedule "hairdressing undertaking" means an undertaking or part of an undertaking which is wholly or mainly engaged in hairdressing including operations incidental or ancillary thereto.

3. In this Schedule "hairdressing" includes the following operations performed on hair growing on the head, face or neck of a male or female person, that is to say, lathering, shaving, cutting, singeing, shampooing, waving, setting, dressing, tinting, dyeing, bleaching or similar operations.

4. In this Schedule "hairdresser" means a person who is employed on any of the operations of hairdressing set out herein and (a) who has completed the period of apprenticeship prescribed in Part III Section I hereof or (b) who, in the opinion of the Hairdressing (Cork County Borough) Joint Labour Committee, has otherwise qualified as a hairdresser.

5. In this Schedule "Apprentice" means a male or female worker who is employed on any of the operations of hairdressing set out herein and (a) (i) has not completed the period of apprenticeship prescribed in Part III, Section I hereof and (ii) has received a certificate of registration as an apprentice from the Hairdressing (Cork County Borough) Joint Labour Committee or in respect of whom an application for such certificate has been made and has been duly acknowledged and is still under consideration, or (b) who in the opinion of the Committee has not otherwise qualified as a hairdresser.

6. In this Schedule "Manicurist" means a worker who is wholly or mainly engaged in manicuring.

PART II

STATUTORY MINIMUM REMUNERATION AND CONDITIONS OF EMPLOYMENT

SECTION I -- RATES OF REMUNERATION

Payment of hairdressers other than apprentices shall consist of a basic wage plus commission on takings. Where a basic rate plus commission is paid a record of each worker's takings shall be kept by the employer and shall be made available to the worker for the purpose of verifying the amount of commission due to him or her each week.

SECTION II -- HOURS OF WORK

( a ) The normal number of hours to be worked in any week shall be 40 hours.

( b ) The normal number of hours to be worked in any day shall be 8 hours.

( c ) Overtime to be paid as follows:--

Daily Overtime to be paid at the rate of time-and-a-half to workers whose normal working, week is less than 40 hours, for time worked in excess of 8 hours in any day.

Weekly Overtime to be paid at the rate of time-and-a half to workers whose working week is 40 hours, for time worked in excess of 8 hours in any day.

SECTION III -- ANNUAL HOLIDAYS

( a ) Holidays shall be in accordance with the Holidays (Employees) Act, 1973 . Those workers who do not have 17 days annual leave shall be entitled to a total of 17 days annual leave, the additional day(s) to be taken during the current employment year and thereafter as additional holidays per year.

( b ) Payment in respect of annual leave shall be calculated in accordance with Section 6 (3) (b) of the Holidays (Employees) Act, 1973 .

PART III

CONDITIONS GOVERNING APPRENTICESHIP

SECTION I -- PERIOD OF APPRENTICESHIP

The period of employment by way of apprenticeship shall be 4 years commencing on the date on which the worker is first employed;

Provided that--

( a ) An employer may employ an apprentice on his or her first employment for a probationary period not exceeding 3 months without a certificate of Registration but in the event of such apprenticeship being continued thereafter in employment the probationary period shall be included in the period of apprenticeship.

( b ) Where an apprentice is, through illness, continuously absent from employment for a period in excess of one month, the appropriate year of his or her employment by way of apprenticeship may be extended by a period equal to such excess period at the discretion of the Hairdressing (Cork County Borough) Joint Labour Committee.

( c ) An apprentice who transfers from a Salon covered by the Hairdressing (Dublin) Joint Labour Committee to a salon covered by the Hairdressing (Cork Country Borough) Joint Labour Committee shall be entitled to recognition for the period of apprenticeship already served.

SECTION II -- NUMBER OF APPRENTICES

( a ) Ladies' and Unisex Hairdressing undertaking

The number of apprentices employed shall not exceed one apprentice to every one hairdresser employed.

( b ) Gentlemen's Hairdressing undertaking

The number of apprentices employed shall not exceed one apprentice to the first one or two hairdressers employed and thereafter one additional apprentice to every two hairdressers employed in excess of the first two.

SECTION III -- LEARNERSHIP

On commencement of employment as a learner such person shall be registered with the Court. Each employer will be responsible for certifying the length of service of any learner in his employment.

SECTION IV -- SERVICE PAY

GIVEN under the Official Seal of the Labour Court this 21st day of January, 1982.

(Signed) COLM COYNE.

A person authorised under Section 18 of the Industrial Relations

Act, 1946 to authenticate the Seal of the Court.

EXPLANATORY LEAFLET

This Instrument fixes with effect from 25th January, 1982 statutory minimum rates of remuneration and statutory conditions of employment of workers employed in the Hairdressing Trade in the County Borough of Cork. It is made by the Labour Court on the recommendation of the Hairdressing (Cork County Borough) Joint Labour Committee.