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2 1936

CONDITIONS OF EMPLOYMENT ACT, 1936

PART III.

Conditions as to Times of Work.

Definition.

28. —The expression “industrial work” when used in any section in this Part of this Act means in such section industrial work which is not excluded industrial work for the purpose of such section.

Exclusion regulations.

29. —(1) The Minister may by order make regulations (in this Act referred to as exclusion regulations) declaring any specified form of industrial work to be excluded industrial work for the purpose of all or any of the sections of this Part of this Act.

(2) The Minister shall not make any regulations declaring any form of industrial work to be excluded industrial work for the purpose of any section of this Part of this Act which relates to the hours, the days of the week, or the days of the year during or on which an employer may permit a worker to do such industrial work unless he has first consulted with representatives of employers interested in such form of industrial work and with representatives of workers so interested.

(3) Whenever regulations made under this section are for the time being in force any form of industrial work to which such regulations relate shall, for the purpose of the sections of this Part of this Act in respect of which such form of industrial work is declared by such regulations to be excluded industrial work, be excluded industrial work in accordance with the terms of such regulations.

Exclusion permit.

30. —The Minister, if he is satisfied that the amount of any form of industrial work which is required to be done for the purpose of carrying on an industrial undertaking is at any time abnormally increased, may grant to the person who carries on such industrial undertaking a permit to employ workers to do such form of industrial work at any time in a period (not being longer than two weeks) specified in such permit, in the same manner as if such form of industrial work were excluded industrial work for the purpose of all or any of the sections of this Part of this Act as may be specified in such permit, and whenever a permit granted under this section is in force the form of industrial work to which it relates shall be excluded industrial work for the purpose of such sections when done in such industrial undertaking in the period specified in such permit.

The short day.

31. —(1) Save as otherwise provided by this section Saturday shall be the short day for every industrial undertaking for the purpose of this Act.

(2) Any employer who employs workers to do any industrial work in any industrial undertaking may send to the Minister, in the prescribed form and manner, a notice stating that for such undertaking he wishes to substitute another specified day of the week (not being Sunday) as the short day instead of Saturday or any day previously substituted for Saturday under this section and save as otherwise provided by this section, on the expiration of seven days from the day on which such notice is so sent such specified day shall be in respect of such undertaking the short day for the purpose of this Act.

(3) Where in respect of any industrial undertaking a notice under this section has been sent to the Minister, until the expiration of a period of three months from the date of the sending of such notice no further such notice in respect of such industrial undertaking shall be sent to the Minister and any further such notice sent within such period shall be void and of no effect.

Shift work unlawful unless on continuous process or under licence.

32. —(1) It shall not be lawful for any employer to employ any worker on shift work to do industrial work (other than industrial work done in or about the printing or publishing of newspapers) unless—

(a) such industrial work (in this Act referred to as a continuous process) normally requires to be carried on without intermission or to be carried on for periods of not less than fifteen hours at a time without intermission, or

(b) such employer is authorised by a licence (in this Act-referred to as a shift work licence) granted by the Minister to employ workers on shift work (in this Act referred to as licensed shift work) to do such industrial work.

(2) If any employer employs any worker in contravention of this section he shall be guilty of an offence under this section and such worker shall also be guilty of an offence under this section.

Conditions of shift work on continuous process.

33. —(1) It shall not be lawful for any employer to permit any worker employed by him in any industrial undertaking to do any continuous process on shift work (in this Act referred to as continuous process shift work) in such a manner as to contravene any of the following conditions, that is to say:—

(a) no shift shall be longer than nine hours in duration;

(b) no worker shall work on two consecutive shifts;

(c) no worker shall work on any shift unless at least eight hours have elapsed since he worked on a previous shift;

(d) no worker shall work for more than 56 hours in any week;

(e) every worker shall be allowed at least fifteen minutes rest in each shift not less than three nor more than four hours after the commencement of such shift but shall not be entitled to leave the premises of the employer during such period of rest without the permission of the employer.

(2) If any employer acts in contravention of this section he shall be guilty of an offence under this section.

Conditions of licensed shift work.

34. —(1) It shall not be lawful for any employer to permit any worker employed by him in any industrial undertaking to do any industrial work on licensed shift work in such a manner as to contravene any condition contained in the licence authorising such licensed shift work or any of the following conditions. that is to say:—

(a) no shift shall be longer than nine hours in duration;

(b) no worker shall work on two consecutive shifts;

(c) no worker shall work on any shift unless at least eight hours have elapsed since he worked on a previous shift;

(d) no worker shall work for so many hours in any week that the average number of hours per week worked by him in any three consecutive weeks would exceed forty-eight;

(e) every worker shall be allowed at least fifteen minutes rest in each shift not less than three nor more than four hours after the commencement of such shift but shall not be entitled to leave the premises of the employer during such period of rest without the permission of the employer.

(2) If any employer acts in contravention of this section he shall be guilty of an offence under this section.

Application for shift work licence.

35. —Any person may apply in writing, stating the prescribed particulars, to the Minister for a shift work licence.

Grant of shift work licence.

36. —On receipt of any application under this Act for a shift work licence the Minister may at his absolute discretion, after consultation with representatives of employers interested in the relevant form of industrial work and with representatives of workers so interested, grant or refuse such licence.

Form of shift work licence.

37. —Every shift work licence granted under this Act shall be in the prescribed form and shall authorise the person to whom it is granted to employ workers on shift work either generally or subject to such conditions as the Minister may think fit to impose and to insert in such licence.

Working hours.

38. —(1) Save as otherwise provided by this Act it shall not be lawful for any employer who employs any adult worker to do industrial work in an industrial undertaking on day work to permit such adult worker—

(a) if a woman, to commence work earlier than the hour of 8 a.m. on any day, or

(b) whether a man or a woman, to continue work after any of the following limits (in this Act referred to as time limits for day work), that is to say:—

(i) the hour of 8 p.m. on any ordinary working day,

(ii) the hour of 1 p.m. on any short day,

(iii) the time in any ordinary working day when such adult worker has completed nine hours work on that day,

(iv) the time in any week when such adult worker has completed forty-eight hours work in that week.

(2) This section shall not apply to any industrial work done in or about—

(a) the printing and publishing of newspapers, or

(b) the construction, maintenance, alteration, or repair of any telegraphic or telephonic installation, or

(c) the maintenance or working of a broadcasting station maintained and worked under Part II of the Wireless Telegraphy Act, 1926 (No. 45 of 1926).

(3) If any employer acts in contravention of this section he shall be guilty of an offence under this section.

(4) In this Act the expression “day work” means work which is neither continuous process shift work nor licensed shift work.

Working hours for young persons.

39. —(1) Save as otherwise provided by this Act it shall not be lawful for any employer who employs any young person to do industrial work in an industrial undertaking on day work to permit such young person to—

(a) commence work earlier than the hour of 8 a.m. on any day, or

(b) continue work after any of the following limits (in this Act referred to as time limits of day work for young persons), that is to say:—

(i) the hour of 8 p.m. on any day,

(ii) the hour of 1 p.m. on any short day,

(iii) the time in any ordinary working day when such young person has completed eight hours work on that day,

(iv) the time in any short day when such young person has completed four hours work on that short day,

(v) the time in any week when such young person has completed forty hours work in that week.

(2) If any employer acts in contravention of this section he shall be guilty of an offence under this section.

Extension of hours of employment of young persons.

40. —(1) The Minister, if he is satisfied that young persons employed to do any form of industrial work are so employed as assistants to adult workers and that the work of such adult workers could not proceed in a satisfactory manner if such young persons did not work for the same hours as such adult workers, may by order make regulations in accordance with this section directing that young persons or young persons who have attained a specified age while doing such form of industrial work shall be deemed to be adult workers for the purposes of this Act.

(2) The Minister shall not make regulations in respect of any form of industrial work under this section unless he has first consulted with representatives of employers interested in such form of industrial work and with representatives of workers so interested.

(3) Whenever regulations made under and in accordance with this section are for the time being in force the young persons to whom such regulations relate shall be deemed to be adult workers for the purposes of this Act while doing the form of industrial work in respect of which such regulations are made.

(4) Where any person is under this section deemed to be an adult worker for the purposes of this Act, it shall not be lawful for any employer to permit such person to do for him any form of industrial work between the hour of 10 p.m. on any day and 8 a.m. on the following day, or to permit such person to commence to do for him any industrial work on any day until after the expiration of eleven hours from the time at which such person ceased to do industrial work on the previous day.

(5) If any employer acts in contravention of this section he shall be guilty of an offence under this section.

Uncontrolled overtime.

41. —(1) Subject to the provisions of this section and subject also to the restrictions imposed by this Act on the employment of women and young persons at night but notwithstanding any other provision of this Act, an employer may employ a worker to do industrial work in an industrial undertaking for a longer period on any particular day than the period permitted in that behalf by this Act (other than this section), but subject to the limitation that the length of time by which such longer period exceeds the said period so permitted as aforesaid shall not exceed:—

(a) in respect of any adult worker, two hours on any day, or twelve hours in any week, or two hundred and forty hours in any year or thirty-six hours in any period of four consecutive weeks, or

(b) in respect of any young person, two hours on any ordinary day or one hour on any short day, or ten hours in any week, or two hundred hours in any year or thirty hours in any period of four consecutive weeks.

(2) The Minister may at any time if he thinks fit by order, made after consultation with representatives of employers interested in the relevant form of industrial work and with representatives of workers so interested, make regulations for either or both of the following purposes, that is to say:—

(a) prohibiting the employment, under the next preceding sub-section of this section, of workers or any specified class or classes of workers to do any particular form of industrial work in an industrial undertaking for a longer period than the period permitted by this Act (other than this section);

(b) reducing the length of time during which workers or any specified class or classes of workers may, by virtue of the next preceding sub-section of this section, be employed to do any particular form of industrial work in an industrial undertaking in excess of the period permitted by this Act (other than this section).

(3) Whenever and so long as regulations made under the next preceding sub-section of this section are in force, sub-section (1) of this section shall have effect subject to such regulations.

Permitted overtime.

42. —(1) The Minister may, if and whenever he so thinks fit on the application in accordance with this section of an employer who employs workers to do industrial work in an industrial undertaking, grant to such employer a permit in writing to employ, during a specified period beginning not less than seven days after the date of such application, workers or any specified class or classes of workers to do industrial work in the said industrial undertaking for a specified longer period on each day than the period permitted in that behalf by this Act.

(2) The Minister may attach to the permission granted by a permit under this section such conditions as he shall think proper and shall specify in such permit.

(3) The Minister may at any time revoke a permit granted by him under this section.

(4) Whenever a permit has been granted under this section to an employer it shall be lawful for such employer, subject to any revocation of such permit, to employ workers in accordance with such permit notwithstanding anything to the contrary contained in this Act.

Overtime pay.

43. —(1) Where any employer who employs any worker to do industrial work for a salary or wages permits such worker to work overtime (in this section referred to as daily overtime) on any day such employer shall be deemed to have agreed to pay such worker at the overtime rate for any time for which he so works overtime on such day.

(2) Where in any week any employer who employs any worker to do industrial work for a salary or wages permits any worker to work weekly overtime, and the weekly overtime worked by such worker exceeds the total daily overtime worked by such worker in that week, such employer shall be deemed to have agreed to pay such worker at the overtime rate for the amount of time which is the difference between such total and such weekly overtime, in addition to any other remuneration which such worker may be entitled to receive for such daily overtime.

(3) In this section the expression “weekly overtime” means the amount of time in any week for which any employer permits any worker to work after having completed, in the case of an adult worker, forty-eight hours of work, and, in the case of a young person, forty hours work in that week, and the expression “overtime rate” when used in relation to the pay of any worker for doing any industrial work means a rate calculated by increasing by not less than twenty-five per cent. the rate at which such worker would be entitled to be paid for doing such industrial work if it were not done in overtime.

Prohibition of double employment.

44. —(1) It shall not be lawful for an employer to employ a worker to do any form of industrial work on any day on which such worker has done any form of industrial work for another employer, except where the aggregate of the periods for which such worker does industrial work for each of such employers respectively on that day does not exceed the period (exclusive of overtime) for which such worker could lawfully be employed to do industrial work for one employer on that day.

(2) Whenever an employer employs a worker in contravention of this section, such employer shall be guilty of an offence under this section, and such worker shall also be guilty of an offence under this section

Minimum age for young persons.

45. —(1) The Minister may by order make regulations fixing the minimum age at which it shall be lawful to employ young persons in any form of industrial work specified in such regulations and the Minister may if he so thinks fit by any such regulations fix a different minimum age in respect of male young persons and female young persons.

(2) If any employer employs any young person in contravention of any regulations made under this section and for the time being in force he shall be guilty of an offence under this section and such young person shall also be guilty of an offence under this section.

Restrictions on employment of women at night.

46. —(1) Notwithstanding any provision of this Act other than the provision empowering the Minister to make exclusion regulations, it shall not be lawful for any employer to permit any woman to do for him any industrial work at any time between the hour of 10 p.m. on any day and the hour of 8 a.m. on the following day or to permit any woman to commence to do for him any industrial work on any day until after the expiration of eleven hours from the time at which she ceased to do industrial work on the previous day.

(2) If any employer acts in contravention of this section he shall be guilty of an offence under this section.

Restrictions on employment of young persons at night.

47. —(1) Notwithstanding any provision of this Act other than the provision empowering the Minister to make exclusion regulations, it shall not be lawful for any employer to permit any young person not being a young person deemed to be an adult for the purposes of this Act, to do for him any industrial work at any time in the period (in this section referred to as the prohibited period) between the hour of 8 p.m. on any day and the hour of 8 a.m. on the following day unless such young person is a male young person and is so employed under and in accordance with regulations made by the Minister under this section.

(2) The Minister may by order make regulations authorising the employment of male young persons whose age is over sixteen years to carry on at any time in the prohibited period any of the following forms of industrial work, that is to say:—

(a) processes in which reverberatory or regenerative furnaces are used for the manufacture of iron and steel and the galvanising of sheet metal or wire (except the pickling process);

(b) manufacture of glass;

(c) manufacture of paper;

(d) manufacture of raw sugar;

(e) gold mining reduction work;

and the Minister may by such regulations impose in respect of such employment such conditions, limitations or restrictions as he may think proper.

(3) If any employer employs any young person in contravention of this section or in contravention of any condition, limitation or restriction imposed by regulations made under this section and for the time being in force, such employer shall be guilty of an offence under this section.

Intervals in work.

48. —(1) It shall not be lawful for any employer to permit any worker employed by him on day work to do for him any industrial work for any period exceeding five hours in any day unless such worker ceases work after a period not exceeding five hours from the time at which he commenced work and does not again commence work until after the expiration of a period (in this section referred to as the interval) of at least half an hour.

(2) It shall not be lawful for any employer to permit any worker, employed by him to do any industrial work on day work, to continue to do such industrial work overtime for more than one and one-half hours after any time limit for day work fixed in respect of any ordinary working day by or under this Act unless immediately before commencing to work overtime such worker has ceased work for a period (in this section referred to as the overtime interval) of at least half an hour.

(3) Save as otherwise provided by this section every employer who employs workers to do industrial work in any industrial undertaking shall fix the interval at the same time for such workers and shall not permit any such industrial work to be carried on during such interval.

(4) Where on the application in writing of any employer the Minister is satisfied that on account of the nature of the industrial work to do which such employer employs workers the fixing of the interval at the same time for all such workers would occasion serious loss, the Minister may by a permit which may at any time be withdrawn by the Minister allow such employer exemption from the provisions of the foregoing sub-section and whenever any such permit is for the time being in force the provisions of the foregoing sub-section shall not apply to such employer in respecet of such industrial work.

(5) Every worker employed on industrial work who is present on the premises of his employer while industrial work is being done on such premises shall, unless he is so present on such premises in contravention of the orders of such employer, be deemed for the purposes of this section to be present on such premises for the purposes of doing the industrial work on which he is so employed.

(6) If any employer acts in contravention of this section he shall be guilty of an offence under this section.

Public holidays and Sundays.

49. —(1) Save as otherwise provided by this Act it shall not be lawful for any employer to permit any worker in his employment to do for him on any day which is a Sunday or a public holiday any industrial work other than industrial work which is—

(a) continuous process shift work,

(b) licensed shift work,

(c) done in or about the printing or publishing of newspapers,

(d) the work of a creamery,

(e) industrial work excepted from this sub-section by regulations made by the Minister after consultation with representatives of employers interested in such industrial work and with representatives of workers so interested,

(f) done in or about the construction, maintenance, alteration, or repair of any telegraphic or telephonic installation,

(g) done in or about the maintenance or working of a broad-casting station maintained and worked under Part II of the Wireless Telegraphy Act, 1926 (No. 45 of 1926).

(2) Notwithstanding anything contained in the next preceding sub-section of this section, an employer may employ an adult male worker to do, on any Sunday, for a period not exceeding three hours or for two or more periods not exceeding in the aggregate three hours, any industrial work to which the prohibition effected by the said next preceding sub-section applies.

(3) If any employer employs any worker to do on the Sunday in any week any industrial work to which the prohibition effected by sub-section (1) of this section does not apply, such employer, if such worker remains in his employment for such week, shall allow to him twenty-four consecutive hours of rest before the next following Sunday.

(4) The Minister may, if he so thinks proper, by order make regulations permitting, in respect of any particular form of industrial work, the period of twenty-four consecutive hours' rest mentioned in the next preceding sub-section of this section to be given to any worker within seven days after the Sunday on which such worker was so employed as to be entitled under the said next preceding sub-section to such period of rest, and whenever any such regulations are so made the said next preceding sub-section shall have effect subject to the provisions of such regulations.

(5) Where an employer is prohibited by this section from permitting workers in his employment to do industrial work for him on a public holiday, such employer shall pay in respect of every public holiday one day's pay (calculated at the rate which would be applicable if such public holiday were a day of annual leave) to every worker who—

(a) is a worker to whom such prohibition applies, and

(b) is in the employment of such employer on the working day next before such public holiday, and,

(c) has been continuously in such employment during the whole of the period of four weeks ending on the said working day, and

(d) has worked in such employment not less than one hundred and fifty hours during the said period of four weeks, and

(e) has worked in such employment not less than twenty hours during the six working days next preceding such public holiday.

(6) The Minister may, whenever and so often as he so thinks proper, by order make regulations varying, in respect of all or any particular classes or class of workers, both or either of the periods of one hundred and fifty hours and twenty hours mentioned in the next preceding sub-section of this section by substituting for such periods or period such other periods or period as the Minister shall think proper, and whenever any such regulations are in force the said next preceding sub-section shall have effect, in respect of the workers or the classes or class of workers to which such regulations apply, as if the said periods or period affected by such regulations were varied in the manner stated in such regulations.

(7) In the application of the two next preceding sub-sections of this section to workers who are young persons, the several periods of one hundred and twenty hours and sixteen hours shall respectively be substituted for the several periods of one hundred and fifty hours and twenty hours, and the said two next preceding sub-sections shall have effect in relation to such workers accordingly.

(8) If any employer fails to pay to any worker any moneys which become payable to such worker under this section, such worker may recover such moneys as a simple contract debt from such employer.

(9) If any person acts in contravention of this section he shall be guilty of an offence under this section.

Wages Agreements Register.

50. —(1) As soon as may be after the commencement of this Act the Minister shall establish and thereafter maintain a register (in this section referred to as the register) in such form as he shall think proper to be styled and known as the Wages Agreements Register.

(2) Every agreement, signed (whether before or after the commencement or before or after the passing of this Act) by or on behalf of a body or bodies (in this section referred to as the employer signatories) substantially representative of the employers interested in any particular form of industrial work in the whole or in any particular part of Saorstát Eireann and by a body or bodies (in this section referred to as the worker signatories) substantially representative of the workers or of any particular class of the workers interested in the said particular form of industrial work in (as the case may be) the whole or in the said particular part of Saorstát Eireann, whereby the rates of salary, wages, or other reward payable to such workers or class of workers are regulated or restricted may be presented, within the time limited by this section, to the Minister by one or more of the parties thereto for registration in the register.

(3) Whenever an agreement made in respect of any particular form of industrial work is presented under this section to the Minister for registration in the register and the Minister is satisfied—

(a) that the employer signatories to such agreement are substantially representative of the employers concerned in such form of industrial work in the area to which such agreement relates, and

(b) that the worker signatories to such agreement are substantially representative of the workers or of a particular class of workers concerned in such form of industrial work in the area to which such agreement relates, and

(c) that such agreement, if made after the commencement of this Act, contains provisions regulating the duration or providing for the termination of such agreement and that such provisions are so framed as to secure that such agreement shall be operative for at least one year from the date thereof, and

(d) that such agreement is in all respects suitable for registration in the register, the Minister shall register such agreement in the register.

(4) Whenever an agreement is registered in the register, the following provisions shall, on and after the date on which such agreement is so registered and for so long thereafter as it continues to be binding on the parties thereto, have effect in relation to such agreement, that is to say:—

(a) such agreement shall be binding on every employer concerned in the form of industrial work in the area to which such agreement relates and on every worker or, where such agreement relates only to a class of workers, every worker in such class employed in the said form of industrial work in the said area;

(b) it shall not be lawful for any such employer to employ or pay any such worker or for any such worker to accept any employment or payment with or from any such employer at a rate of salary, wages, or other reward which is less than the rate provided by such agreement and applicable to such worker;

(c) if any such employer employs or pays any such worker in contravention of the next preceding paragraph of this sub-section, such employer shall be guilty of an offence under this section and if any such worker accepts any employment or payment in contravention of the said next preceding paragraph, such worker shall also be guilty of an offence under this section;

(d) subject to the provisions of the next following paragraph of this sub-section, every such worker shall notwithstanding any contract to the contrary, be entitled to demand from and be paid by and to recover from his employer, salary, wages, or other reward at the rate provided by such agreement and applicable to such worker;

(e) nothing contained in this sub-section shall operate to prevent any such employer from employing or paying any such worker salary, wages or other reward at a rate greater or more beneficial to such worker than the rate provided by such agreement and applicable to such worker, or operate to prevent any such worker who is so employed at such greater or more, beneficial rate of salary, wages, or other reward from recovering from his employer salary, wages, or other reward at such greater or more beneficial rate.

(5) Whenever an agreement is presented to the Minister for registration under this section the party or parties so presenting such agreement shall furnish to the Minister a copy thereof to be retained by him and shall furnish to the Minister all such information (if any) as he may require concerning such agreement and if such party or parties fail to furnish such copy and information the Minister may, on the ground of such failure, refuse the registration of such agreement.

(6) Whenever an agreement is registered in the register, the following provisions shall have effect, that is to say:—

(a) an officer of the Minister authorised in that behalf by the Minister shall cause to be endorsed on such instrument and shall sign thereon a certificate stating that such agreement is so registered and the date on which it was so registered;

(b) the Minister shall cause notice of the registration of such agreement in the register (with such particulars of such agreement and such registration as the Minister shall think proper) to be published in the Iris Oifigiúil;

(c) any person may obtain from the Minister, on –applying therefor in the prescribed manner and paying the prescribed fee, a copy of the copy of such agreement retained by the Minister under this section.

(7) A certificate endorsed and signed on an agreement in pursuance of the next preceding sub-section of this section shall be accepted in every court as conclusive evidence that such agreement is duly registered in the register and was so registered on the date stated in that behalf in such certificate and such certificate shall be so accepted without proof of the signature of the officer purporting to sign such certificate in pursuance of the said sub-section or that he was an officer of the Minister or was authorised by the Minister to sign such certificate.

(8) Whenever an agreement has been registered in the register, any person may, within one month after the publication in the Iris Oifigiúil of notice of such registration, apply to the High Court in a summary manner for the annulment of such registration, and on the hearing of such application the High Court may, if it is satisfied of either or both of the following matters that is to say:—

(a) that the employer signatories to such agreement were not, at the date of such agreement, substantially representative of the employers interested in the form of industrial work to which such agreement relates in Saorstát Eireann or, where such agreement applies to part only of Saorstát Eireann, in such part of Saorstát Eireann, or

(b) that the worker signatories to such agreement were not, at the date of such agreement, substantially representative of the workers or the particular class of workers to which such agreement relates employed in the form of industrial work to which such agreement relates in Saorstát Eireann or, where such agreement applies to part only of Saorstát Eireann, in such part of Saorstát Eireann,

annul the registration of such agreement in the register.

(9) The time within which an agreement may be presented under this section to the Minister for registration in the register shall be—

(a) in the case of an agreement bearing date before the date of the commencement of this Act, within six months after such commencement, or

(b) in the case of an agreement bearing date as of or after the date of the commencement of this Act, within six months after the date of such agreement.

Preservation of existing rates of wages.

51. —(1) Where, in order to comply with this Act, the hours of work prevailing immediately before the commencement of this Act in regard to all persons or any particular persons or person employed in any particular form of industrial work are reduced or otherwise altered, the following provisions shall have effect, that is to say:—

(a) the rate of salary, wages, or other reward payable to any such person immediately before the commencement of this Act shall not be reduced or be otherwise altered to the detriment of such person merely because of the said reduction or alteration in the hours of work of such person;

(b) the said reduction or alteration of hours of work shall not terminate nor prejudicially affect the contract of service under which any such person is so employed immediately before the commencement of this Act, and every such contract shall continue in force after such commencement with such modifications only as may be necessary in order to comply with this Act and in particular the modification that notwithstanding the said reduction or alteration of hours of work the average weekly earnings payable in a normal full working week to such person under such contract shall not be reduced;

(c) every agreement between employers or a body representative of employers on the one hand and workers or a body representative of workers on the other hand which is in force immediately before the commencement of this Act and regulates or restricts the rate of salary, wages, or other reward payable to any such person shall continue in force after the commencement of this Act notwithstanding the said reduction or alteration of hours of work but with the modification that every rate of salary, wages, or other reward which is fixed or the method of calculating which is fixed by such agreement and every restriction on any rate of salary, wages, or other reward contained in such agreement shall remain unchanged in amount;

(d) every minimum rate of salary, wage, or other reward fixed by statute or under statutory authority which is in force immediately before the commencement of this Act shall, if and so far as it is applicable to any such person, continue after such commencement in force and unchanged in amount notwithstanding the said reduction or alteration of hours of work.

(2) The foregoing sub-section of this section shall apply and have effect in relation to every regulation made under this Act by the Minister fixing hours of work in respect of any form of industrial work (whether for all or for any particular classes or class of workers engaged therein) with and subject to the modifications that every reference in the said sub-section to the commencement of this Act shall be construed and have effect as a reference to the coming into operation of such regulation and every reference in the said sub-section to compliance with this Act shall be construed and have effect as a reference to compliance with such regulations.

(3) This section shall apply to piece work wages and to wages calculated by direct reference to the number of hours worked, but with the modification that for the purposes of such application every provision in this section to the effect that a rate of wages or a minimum rate of wages or a restriction on a rate of wages is to remain unchanged shall be construed and have effect as a provision that the rate of piece work wages or of wages by the hour (as the case may be) shall be so adjusted or varied that the average weekly earnings shall remain unchanged.

Limitation of hours of work.

52. —(1) Whenever the Minister makes regulations declaring any form of industrial work to be excluded industrial work for the purpose of any section of this Part of this Act which relates to the hours during which an employer may permit any worker to do for him any form of industrial work, the Minister may by order make regulations fixing in such manner as he may think fit the hours of work in respect of such form of industrial work for all or any classes of workers engaged in such form of industrial work, and so long as such regulations remain in force it shall not be lawful for any employer to permit any worker to whom such regulations relate to do for him such industrial work save during such hours as may be fixed by such order.

(2) Whenever the Minister fixes by regulations made under this section the hours of work in respect of any form of industrial work (whether for all or for any particular classes or class of workers engaged therein) the Minister may by the same regulations make such provisions as he shall consider to be necessary or proper for securing that the average weekly earnings payable in a normal full working week to any person whose hours of work are reduced by such regulations shall not be reduced merely because of such reduction in his hours of work.

(3) The Minister shall not make any regulations under this section unless he has first consulted with representatives of employers interested in the form of industrial work to which such regulations relate and with representatives of workers so interested.

(4) If any employer permits or employs any worker to work for him in contravention of any regulations made under this section and for the time being in force such employer shall be guilty of an offence under this section and such worker shall also be guilty of an offence under this section.

Display of abstract and notices.

53. —(1) Every employer who employs any worker to do industrial work on any premises where an industrial undertaking is carried on shall display at the entrance to such premises and in such other places as an inspector shall for the time being direct in such a position that it may be easily read by persons so employed on such premises—

(a) the prescribed abstract of this Act,

(b) notice in the prescribed form of the hours of work for workers doing such industrial work,

(c) a notice stating the days in the current year which are for the time being public holidays for the purposes of this Act in respect of such industrial undertaking, and

(d) where any industrial work is carried on by continuous process shift work or by licensed shift work, a list of all persons so carrying on such industrial work and particulars as to the shifts on which they are working, and

(e) a notice of the clock by which the period of employment and times for meals are regulated in such industrial undertaking, and

(f) notice of every agreement registered in the Wages Agreements Register which affects any workers doing industrial work on such premises.

(2) Every employer who is by this section required to display any notice, list or abstract shall display such notice, list or abstract in both the Irish and English languages.

(3) If any employer fails to comply with the requirements of this section he shall be guilty of an offence under this section.

Emergency as defence.

54. —(1) It shall be a good defence to any proceedings taken against any person for breach of any of the provisions of this Part of this Act if such person shows to the satisfaction of the Court before which such proceedings are brought that any act occasioning such breach was rendered necessary or reasonably proper by the actual occurrence or the threat or reasonable anticipation of fire, flood, storm, violence, a breakdown of plant or machinery, or any other emergency.

(2) A certificate signed by any Minister that an act done by or in relation to any person employed by such Minister was rendered necessary by an emergency shall be conclusive evidence that such act was so rendered necessary.

Mixed employment.

55. —If any employer employs any worker to do any industrial work for any part of any day and employs such worker to do other work which is not industrial work for any other part of that day such worker shall for the purpose of this Part of this Act be deemed to be employed to do such industrial work while doing such other work.