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2 1936

CONDITIONS OF EMPLOYMENT ACT, 1936

PART IV.

Miscellaneous.

Variation of pending contracts.

56. —(1) Where a contract for the execution of any work or the manufacture or production of any article or substance or the doing of any other form of industrial work was entered into before the commencement of this Part of this Act and is at such commencement not fully carried out, and the person liable under such contract to execute such work, manufacture or produce such article or substance or do such other industrial work claims either or both of the following things, that is to say:—

(a) that, by reason of the obligations imposed on employers by this Act, a limitation of time contained in such contract for the doing of any particular thing has become unreasonable and should be extended, or

(b) that, by reason of the said obligations, any particular price or other payment fixed by such contract has become unreasonable and should be increased,

then and in every such case, such claim shall, in default of agreement between the parties concerned, be referred, on the demand of any such party, to arbitration under this section.

(2) Where a claim is referred under this section to arbitration, the following provisions shall have effect, that is to say:—

(a) such arbitration shall be heard and determined by one arbitrator who, in default of agreement between the parties concerned, shall be appointed by the Minister on the application of any such party;

(b) in the case of a claim for the extension of a limitation of time, the arbitrator shall determine whether such extension should or should not be made and (if he determines that such extension should be made) the amount of such extension;

(c) in the case of a claim for the increase of a price or other payment, the arbitrator shall determine whether such increase should or should not be made and (if he determines that such increase should be made) the amount of such increase;

(d) the arbitrator shall be paid such fee for acting as arbitrator as shall, in default of agreement, be fixed by the Minister, and such fee and all other general costs and expenses of the arbitration shall be paid by such one or more of the parties to the arbitration and, if by more than one of such parties, in such proportions as the arbitrator shall direct;

(e) the arbitrator shall determine how the costs and expenses incurred by each of the parties to the arbitration of or incidental to appearing and being heard thereat shall be borne;

(f) if the arbitrator determines that a limitation of time should be extended or that a price should be increased, the arbitrator shall amend the contract which is the subject of the arbitration in such manner as he shall think proper in order to give effect to such determination;

(g) the determination of the arbitrator shall be final and conclusive and shall be binding on all parties concerned.

Form of industrial work.

57. —Whenever the Minister makes regulations or grants a licence or permit under this Act in respect of a particular form of industrial work, the Minister may, in such regulations, licence, or permit (as the case may be)—

(a) specify such industrial work either generally or when done in any particular place or class of places or by any particular workers or class of workers;

(b) specify any form of industrial work by reference to the nature of such industrial work, to the workers or class of workers by whom such industrial work is done, or in such other manner as he may think fit:

(c) when different forms of industrial work are done in any industrial undertaking or class of industrial undertakings refer to by any collective description and specify as one form of industrial work such forms or any of such forms of individual work done in such industrial undertaking or class of industrial undertakings;

(d) in specifying any form of industrial work make such exceptions and exclusions as he may think fit.

Separation of parts of industrial undertakings.

58. —(1) The Minister may by order, if and whenever he so thinks fit on the application of an employer carrying on an industrial undertaking, declare that any one or more of the departments, branches, or other parts of such undertaking shall, for all the purposes or any specified purposes of this Act, be deemed to be separate industrial undertakings, and that this Act shall apply and have effect in relation to such undertaking accordingly.

(2) The Minister may by order, whenever he so thinks fit, revoke or amend an order previously made by him under this section, including an order made under this sub-section.

(3) Whenever and so long as an order made under this section is in force in respect of an industrial undertaking, this Act shall apply and have effect in relation to such undertaking subject to and in accordance with such order.

Expenses.

59. —Any expenses incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Power of inspectors.

60. —An inspector shall for the purpose of the execution of this Act have power to do all or any of the things which an inspector has power to do for the purpose of the execution of the Factory and Workshop Act, 1901, as if references to that Act in section 119 thereof were references to this Act, and for the purpose of the exercise of such powers every place in which any industrial work is carried on shall be deemed to be a factory within the meaning of that Act.

Employment of persons not in receipt of wages or salary.

61. —Where industrial work in any industrial undertaking is done wholly or partly by persons who do not receive any salary or wages in respect of their work, the person carrying on such industrial undertaking shall for the purposes of this Act be deemed to be the employer of such persons doing such industrial work, and such persons shall for the purposes of this Act be deemed to be workers in the employment of such person.

Industrial work in institutions.

62. —(1) The provisions of this Act, except in so far as they relate to the payment of workers, shall apply in relation to industrial work done in any institution as if the persons doing such industrial work were workers employed to do such industrial work by the persons having control of such institution unless such industrial work is done for the purpose only of supplying the needs and requirements of such institution.

(2) For the purpose of this section the word “institution” means an institution carried on for charitable or reformatory purposes, other than a prison, a borstal institute, a mental home, or a county home.

Statistical returns.

63. —(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:—

(a) requiring persons carrying on industrial undertakings to make and furnish to the Minister statistical returns;

(b) prescribing the class or classes of industrial undertakings in respect of which such returns are to be made;

(c) prescribing the subjects and matters in respect of which such returns are to be made;

(d) prescribing the forms in which and the times at which such returns are to be made.

(2) Every person, required by regulations made under this section to make statistical returns, who fails to make such returns in accordance with such regulations shall be guilty of an offence under this section.

Records.

64. —(1) The Minister may by order make regulations prescribing records, to be kept by employers or any class of employers, of any matter or thing a record of which is in the opinion of the Minister required for the enforcement of this Act and may by any such order, if he so thinks fit, prescribe the form of any such records.

(2) The Minister may under this section make different regulations in respect of different classes of employers.

(3) The Minister may, if he so thinks fit, by any regulations made under this section prescribe the place or places where the records prescribed by such regulations shall be kept and may make such regulations as to the production and inspection of such records as he may think fit.

(4) Any person who fails to comply with any regulation made under this section and for the time being in force, and applicable to such person, shall be guilty of an offence under this Act.