Number 2 of 1936.
CONDITIONS OF EMPLOYMENT ACT, 1936.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Conditions as to Piece Work, the Employment of Certain Classes of Persons and Annual Leave.
Conditions as to Times of Work.
Shift work unlawful unless on continuous process or under licence. | |
Miscellaneous.
Acts Referred to | |
No. 56 of 1924 | |
No. 56 of 1931 | |
No. 45 of 1926 | |
Number 2 of 1936.
CONDITIONS OF EMPLOYMENT ACT, 1936.
PART I.
Preliminary and General.
Short title and commencement.
1.—(1) This Act may be cited as the Conditions of Employment Act, 1936.
(2) This Act shall come into operation on such day as shall be fixed for that purpose by order of the Minister.
Definitions.
2.—In this Act—
the expression “the Minister” means the Minister for Industry and Commerce:
the word “inspector” means a person who is for the time being an inspector for the purpose of the Factory and Workshop Acts, 1901 to 1920;
the expression “industrial undertaking” means an undertaking in which industrial work is carried on by way of trade or for the purposes of gain or for the supply of any public service or is carried on by a local authority or other public body in the exercise or performance of statutory powers or duties;
the word “worker” means a person, other than an outworker, who does industrial work for a salary or wages, or for the purpose of learning any trade or calling;
the word “outworker” means a person who for salary or wages does industrial work in his own home or in some other place not under the control or management of his employer on articles given out by or provided at the expense of such employer for delivery to such employer or to some other person nominated by such employer after the doing of such industrial work;
the expression “adult worker” means a worker whose age is not less than eighteen years;
the expression “young person” means a worker whose age is less than eighteen and more than fourteen years;
the word “woman” means a woman whose age is not less than eighteen years;
the expression “representatives of employers” means such association or all such associations of employers as are, in the opinion of the Minister, representative of the employers in relation to whom the expression is used or, where in the opinion of the Minister there is no such association, persons who are, in the opinion of the Minister, representative of such employers;
the expression “representatives of workers” means such association or all such associations of workers as are, in the opinion of the Minister, representative of the workers in relation to whom the expression is used or, where in the opinion of the Minister there is no such association, persons who are, in the opinion of the Minister, representative of such workers;
the expression “short day” means the day which is for the time being the short day for any industrial undertaking for the purposes of this Act;
the expression “ordinary working day” means any day which is not a short day, a Sunday, nor a public holiday;
the word “premises” includes buildings of every description, and also includes land with no building thereon, whether such land is or is not used in connection with a building;
the word “prescribed” means prescribed by regulations made by the Minister under this Act.
Industrial work.
3.—(1) In this Act the expression “industrial work” does not include agricultural, commercial, nor domestic work nor mining nor the transport of persons or goods, but subject to that limitation the said expression includes all forms of industrial work and in particular industrial work done for or in connection with any of the following activities, that is to say:—
(a) manufacturing, altering, cleaning, repairing, ornamenting, finishing, adapting for sale, testing, grading, packing, breaking up, demolishing or transforming any article;
(b) the killing of any animal or bird;
(c) constructing, reconstructing, maintaining, repairing, altering, demolishing any railway, tramway, harbour, dock, pier, canal, inland waterway, road, tunnel, bridge, viaduct, sewer, drain, well, pipe, electrical undertaking, gas work, waterwork, factory, or other work of construction, laying or removing foundations, or laying out or clearing any site for any such construction;
(d) the construction, maintenance, alteration or repair of any telegraphic or telephonic installation;
(e) the generation, transformation, transmission, distribution or control of electricity or other forms of power;
(f) the production and distribution of gas;
(g) the storage and distribution of water;
(h) the disposal of sewage;
(i) quarrying, irrespective of the depth of the quarry;
(j) constructing, reconstructing, maintaining, repairing, altering, fitting, painting, decorating or demolishing any building or constructing, laying or removing foundations, or laying out or clearing the site for the construction of any building;
(k) shipbuilding, or reconstructing, repairing, fitting or refitting or demolishing ships;
(l) removing from the ground stone, slate or sand otherwise than for the purpose of a mine;
(m) printing and all other modes (exclusive of writing and typewriting) of representing or reproducing words, figures, pictures, or designs;
(n) the cleaning of any place where industrial work is carried on.
(2) For the purpose of this section—
the expression “agricultural work” means the work of any farm or garden or of forestry and includes any form of industrial work done as part of the work of a farm or garden for the purpose of carrying on the business thereof and for no other purpose;
the expression “commercial work” means work of a clerical nature, the work of overseeing, directing and managing industrial work, or work done for or in connection with the sale, wholesale or retail, of any article;
the expression “domestic work” includes the work of preparing food in any hotel or restaurant if the food so prepared is intended only for consumption in such hotel or restaurant or in a place where the person who carries on such hotel or restaurant caters for the supply of meals.
Employer.
4.—(1) In this Act the word “employer” means a person, other than a person who is an exempted employer for the purpose of this section, who is liable for the payment of salary or wages or for the provision of instruction or experience or for both such payment and provision to a worker in consideration of the doing of any industrial work, or who is liable for the payment of salary or wages to an outworker for such consideration.
(2) Where the amount of any form of industrial work done in the carrying on of any undertaking is so small that in the opinion of the Minister the provisions of this Act cannot be conveniently applied to the employment of workers to do such form of industrial work in such undertaking, the Minister may, upon the application in the prescribed form of the person carrying on such undertaking, grant to such person a licence to employ workers in such undertaking to do such form of industrial work while remaining exempt from the provisions of this Act and while any such licence remains in force the person to whom such licence is granted shall in respect of the employment of workers in such undertaking to do such form of industrial work, be an exempted employer for the purpose of this section.
(3) Every licence granted under this section, unless previously revoked by the Minister, shall remain in force for the period specified therein and shall then expire.
(4) The Minister may at any time while a licence granted under this section remains in force revoke such licence by seven days' notice in writing to the person to whom such licence was granted.
Continuous.
5.—Where the employment of a worker with a particular employer is interrupted by reason of the illness of such worker, the temporary cessation of the work on which he is so employed, the temporary reduction of the weekly quantity of such work, or any other temporary cause not due to the act or default of such worker, such worker shall, for the purpose of reckoning any period of continuous employment with such employer within the meaning of any section of this Act, be deemed to have been in the employment of such employer during such interruption if, but only if, the following conditions are complied with, that is to say:—
(a) at the end of such interruption such worker returns to employment with the employer with whom he had been employed immediately before such interruption, and
(b) such worker is not employed in any form of industrial work during such interruption, and
(c) the duration of such interruption does not exceed one month.
Application of Act to persons employed by the State.
6.—This Act applies in relation to persons employed by or under the State (other than members of the Defence Forces of Saorstát Eireann or of the Gárda Síochána) in like manner as if such persons were employed by a private person.
Public holiday.
7.—(1) Subject to the provisions of this section, the following days and no other days shall be public holidays within the meaning and for the purposes of this Act, that is to say:—
(a) Christmas Day when it falls on a weekday or, when it falls on a Sunday, the 27th day of December, and
(b) St. Stephen's Day when it falls on a weekday or, when it falls on a Sunday, the next following Monday, and
(c) St. Patrick's Day when it falls on a weekday or, when it falls on a Sunday, the next following Monday, and
(d) Easter Monday, Whit Monday, and the first Monday in August.
(2) Whenever in any year a day is appointed under the Public Holidays Act, 1924 (No. 56 of 1924), to be a bank holiday instead of a day mentioned in the next preceding sub-section of this section, the day so appointed shall in that year be deemed to be substituted throughout this section for the day so mentioned and this section shall be construed and have effect accordingly.
(3) Any employer may, on giving not less than one month's previous notice to all persons in his employment, substitute for the purposes of this section, any of the following days for St. Stephen's Day when it falls on a weekday or, when it falls on a Sunday, for the next following Monday, that is to say:—
(a) the 1st day of January,
(b) the 6th day of January,
(c) Ascension Thursday,
(d) the Feast of Corpus Christi,
(e) the 29th day of June,
(f) the 15th day of August,
(g) the 1st day of November,
(h) the 8th day of December.
(4) Any employer may, on giving not less than one month's previous notice to all persons in his employment, substitute, for the purposes of this section, in any year any of the following days for Easter Monday, Whit Monday, or the first Monday in August, that is to say:—
(a) Ascension Thursday,
(b) the Feast of Corpus Christi,
(c) the 29th day of June,
(d) the 15th day of August.
(5) The following provisions shall have effect for the purposes of the two next preceding sub-seections of this section, that is to say:—
(a) the notice mentioned in each of the said two next preceding sub-sections shall be in writing and may be given to any person by handing a copy thereof to him personally or by posting a copy thereof in a conspicuous position in the place in which such person is employed;
(b) no day mentioned in either of the said two next preceding sub-sections shall be substituted under that sub-section in a year in which such day falls on a Sunday;
(c) when a day mentioned in either of the said two next preceding sub-sections is substituted under that sub-section by an employer in respect of any year, the day so substituted shall, in that year and in respect of all persons employed by such employer, be a public holiday within the meaning aud for the purposes of this Act instead of the day for which it is so substituted.
Repeals.
8.—The enactments specified in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule.
Penalties for offences under this Act.
9.—(1) Every person guilty of an offence under any section of this Act shall, save in the case of an offence for which a special penalty is provided by this Act, be liable on summary convict on thereof—
(a) where such person is a worker, to a fine—
(i) in the case of a first such offence, not exceeding two pounds, together with (where such offence is a continuing offence) a further fine not exceeding ten shillings for every day on which such offence is continued, and
(ii) in the case of a second or any subsequent such offence, not exceeding five pounds, together with (where such offence is a continuing offence) a further fine not exceeding one pound, for every day on which such offence is continued, or
(b) where such person is not a worker, to a fine—
(i) in the case of a first such offence, not exceeding ten pounds, together with (where such offence is a continuing offence) a further fine not exceeding two pounds for every day on which such offence is continued, and
(ii) in the case of a second or any subsequent such offence, not exceeding twenty pounds, together with (where such offence is a continuing offence) a further fine not exceeding four pounds for every day on which such offence is continued.
(2) A prosecution for an offence under any section of this Act may be brought at the suit of the Minister.
(3) A prosecution for an offence under any section of this Act may be brought at any time within whichever of the following periods latest expires, that is to say:—
(a) three months after the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of such prosecution came into the possession or procurement of the Minister, or
(b) six months after the commission of the offence.
Laying of regulations before Houses of Oireachtas.
10.—Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which that House has sat annulling such regulation, such regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under such regulation.
Power to make regulations.
11.—The Minister may by order make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.
Observance of international conventions.
12.—The Minister shall, in the exercise of every or any power of making regulations conferred on him by this Act, have due regard to the provisions of the several international conventions for the time being ratified by and binding on the Government of Saorstát Eireann.
PART II.
Conditions as to Piece Work, the Employment of Certain Classes of Persons and Annual Leave.
Prohibition of employment of persons under fourteen years of age.
13.—(1) It shall not be lawful for any employer to employ any person whose age is less than fourteen years to do industrial work.
(2) If any employer employs a person in contravention of this section he shall be guilty of an offence under this section and such person shall also be guilty of an offence under this section.
Proof of age of young person before employment.
14.—(1) It shall not be lawful for any employer to employ a young person unless or until a birth certificate or other satisfactory evidence of the age of such young person has been produced to such employer.
(2) Whenever a birth certificate of a young person is required for the purposes of this section, such young person or his parent or guardian shall, on presenting a written requisition in the prescribed form and containing the prescribed particulars and on payment of a fee of sixpence, be entitled to obtain a certified copy of the entry of the birth of such young person in the register of births under the hand of the registrar or superintendent registrar or other person having the custody thereof; and forms for such requisition shall on request be supplied without any charge by every registrar of births and by every superintendent registrar or other person having the custody of the register.
(3) If any employer employs a young person in contravention of this section, such employer 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 young persons.
15.—(1) The Minister may in respect of any form of industrial work, after consultation with representatives of employers interested in such form of industrial work and with representatives of workers so interested, by order make regulations either—
(a) prohibiting the employment of young persons to do such form of industrial work, or
(b) fixing a proportion which the number of young persons employed by any employer to do such form of industrial work may bear to the number of other workers so employed.
(2) Where any regulations made under this section are for the time being in force in respect of any form of industrial work it shall not be lawful for any employer to employ to do such form of industrial work either (as the case may be) any young person or so many young persons that the number of young persons so employed by such employer bears to the number of other workers so employed a proportion greater than that fixed by such regulations.
(3) If, when any regulations made under this section are for the time being in force, any employer employs a young person or a number of young persons in contravention of such regulations such employer shall be guilty of an offence under this section.
(4) In this section the expression “young person” does not include any apprentice who at the commencement of this Act is employed under indentures whereby he is bound to serve as apprentice for a period not less than three years or any apprentice who, at or after such commencement, is employed as apprentice under rules made by an apprenticeship committee under the Apprenticeship Act, 1931 (No. 56 of 1931).
Restrictions on employment of female workers.
16.—(1) The Minister may in respect of any form of industrial work, after consultation with representatives of employers interested in such form of industrial work and with representatives of workers so interested, by order make regulations either—
(a) prohibiting the employment of female workers to do such form of industrial work, or
(b) fixing a proportion which the number of female workers employed by any employer to do such form of industrial work may bear to the number of other workers so employed.
(2) When any regulations made under this section are for the time being in force in respect of any form of industrial work it shall not be lawful for any employer to employ to do such form of industrial work either (as the case may be) any female worker or so many female workers that the number of female workers so employed by such employer bears to the number of other workers so employed a proportion greater than that fixed by such regulations.
(3) If, when any regulations made under this section are for the time being in force, any employer employs a female worker or a number of female workers in contravention of such regulations such employer shall be guilty of an offence under this section.
Prohibition of employment of outworkers.
17.—(1) The Minister may in respect of any form of industrial work by order make regulations prohibiting the employment of outworkers in such form of industrial work and when any regulations made under this section are for the time being in force it shall not be lawful for any employer to employ any outworker to do such form of industrial work.
(2) Any regulations made under this section in respect of any form of industrial work may be expressed to be limited in effect to an area specified therein and whenever such regulations are expressed to be so limited they shall render unlawful the employment of outworkers resident in that area to do such form of industrial work but shall not restrict the employment of any other outworkers.
(3) If any employer employs any outworker 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 outworker shall also be guilty of an offence under this section.
Registers of outworkers.
18.—(1) Every employer who employs any outworkers shall keep in accordance with regulations made under this section, a register of all outworkers for the time being employed by him.
(2) The Minister may by order make regulations for the following purposes, that is to say:—
(a) prescribing the form of the register of outworkers to be kept in pursuance of this section and, if the Minister so thinks fit, prescribing different such forms in respect of different classes of industrial work, and
(b) prescribing the matters and things to be entered in every such register and, where necessary, prescribing different such matters and things in respect of every different form (if any) of such register.
(3) Every employer who is required by this section to keep a register of outworkers and fails to keep such a register in accordance with this section and the regulations made thereunder shall be guilty of an offence under this section.
Piece work wages.
19.—(1) Subject to the provisions of this section every employer who for the doing of any industrial work pays to any worker or outworker any remuneration (in this Act referred to as piece work wages) calculated by reference to the amount of work done by such worker or outworker shall, before or at the commencement of any work in respect of which any particular payment of piece work wages is to be calculated, give to such worker or outworker a note in writing (in this Act referred to as a piece work particulars docket) showing, in sufficient detail to enable such worker or outworker to compute the piece work wages payable to him, particulars (in this Act referred to as piece work particulars) of both the rate of piece work wages and of the work in respect of which such rate is payable.
(2) On the application of an employer, the Minister may, if he thinks proper so to do having regard to all the circumstances of the case, issue to such employer a permit authorising him, subject to compliance with such conditions (if any) as may be stated in such permit, to pay piece-work wages to workers and outworkers employed by him without complying with the next preceding sub-section of this section, and whenever any such permit is so issued to an employer the following provisions shall have effect in regard thereto, that is to say:—
(a) the Minister may at any time revoke such permit by seven days' notice in writing given or sent by post to such employer;
(b) so long as such permit remains unrevoked and such employer complies with the conditions (if any) stated in such permit, it shall not be obligatory on such employer to comply with the said next preceding sub-section of this section.
(3) Save as otherwise provided by this section, every employer who for the doing of any industrial work in a building under his management and control pays to any worker piece work wages shall exhibit continually, in accordance with this Act, in every room in such building where such industrial work is done, a placard (in this Act referred to as a piece work particulars placard) giving the piece work particulars in respect of such industrial work.
(4) Every piece work particulars placard shall comply with the following conditions, that is to say:—
(a) shall not contain symbols other than letters and figures used with their ordinary significance,
(b) shall contain the piece work particulars in respect of the industrial work to which it relates and no other matter,
(c) shall be exhibited in such a position that it may be easily read by workers employed to do the industrial work to which it relates,
(d) shall be maintained in a clean and legible state,
(e) shall be in both the Irish and English languages,
and if any piece work particulars placard exhibited by any employer does not comply with such conditions such placard shall be deemed not to be exhibited in accordance with this Act.
(5) Where the piece work particulars relating to any form of industrial work are of such a complicated character that they cannot conveniently be comprised in a piece work particulars placard, any employer who employs workers to do such form of industrial work for piece work wages may, in lieu of exhibiting a piece work particulars placard, keep a book (in this Act referred to as a piece work particulars book) containing such piece work particulars readily available for inspection by all workers so employed.
(6) If any employer fails to comply with the requirements of this section he shall be guilty of an offence under this section.
Penalties for alteration of or disclosing information in placard or docket.
20.—(1) If any person, otherwise than for the purpose of correcting a mistake, alters any piece work particulars docket, any piece work particulars placard or any piece work particulars book such person shall be guilty of an offence under this section, and shall on summary conviction thereof be liable to a fine not exceeding twenty pounds or to imprisonment for a period not exceeding six months, or at the discretion of the court to both such fine and such imprisonment.
(2) If for the purpose of divulging a trade secret any person discloses any information derived by him from a piece work particulars docket, from a piece work particulars placard or from a piece work particulars book he shall be guilty of an offence under this sub-section, and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
(3) If any person for the purpose of trade competition solicits or procures from any other person information derived by such other person from a piece work particulars docket, from a piece work particulars placard or from a piece work particulars book, or for the purpose of securing any such information so derived gives or offers or causes to be given or offered to such other person any reward such person shall be guilty of an offence under this sub-section and shall on summary conviction thereof be liable to a fine not exceeding ten pounds.
Reckoning of piece work.
21.—(1) If piece work wages are paid by any employer to any worker or outworker in respect of any industrial work the amount of work done shall be reckoned by such employer for the purpose of ascertaining the piece work wages to be paid in respect thereof in such a manner that such worker or outworker shall have an opportunity of checking the result of such reckoning before each payment of such wages.
(2) For reckoning the amount of work done for the purpose of ascertaining the piece work wages to be paid in respect thereof an automatic machine (in this Act referred to as an automatic reckoner) may be used and if any automatic reckoner is made and operated in accordance with this Act an opportunity of observing the amount reckoned by such automatic reckoner shall be deemed to be an opportunity of checking the amount of work reckoned by such automatic reckoner.
(3) Every automatic reckoner shall comply with the following conditions, that is to say:—
(a) the indicator shall not show the amounts of work reckoned in symbols other than letters and figures used with their ordinary significance,
(b) the indicator shall be fixed in such a position that it may be easily read by workers employed to do the industrial work the amount of which is ascertained by the automatic reckoner,
(c) the indicator shall be clean and legible,
(d) the automatic reckoner shall be accurate in its results and shall be maintained in good repair and working order,
(e) all particulars which may be necessary for the purpose of ascertaining from the indicator the amount of industrial work reckoned by an automatic reckoner shall be legibly marked on such automatic reckoner,
and any automatic reckoner which does not comply with the said conditions shall be deemed not to be made and operated in accordance with this Act.
(4) If any employer reckons otherwise than in accordance with this section the amount of any form of industrial work done by any worker for piece work wages such employer shall be guilty of an offence under this section.
Penalty for interfering with automatic reckoner.
22.—If any person, otherwise than for a lawful purpose alters, interferes with, or causes any interference with the mechanism or indicator of an automatic reckoner such person shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding twenty pounds or to imprisonment for a period not exceeding six months, or at the discretion of the court to both such fine and such imprisonment.
Inspection of weights and measures used in ascertaining wages.
23.—Every Act and regulations for the time being in force relating to appliances which are weights, measures, scales, balances, steelyards, weighing machines or measuring instruments (in this section referred to as measuring appliances) shall extend to measuring appliances used in any place for ascertaining the amount of industrial work done by any worker or outworker for the purpose of calculating the amount of piece work wages payable to him, in like manner as if such measuring appliances were used in the sale of goods and if such place were a place where goods are kept for sale, and every such Act shall apply accordingly, and every inspector of weights and measures or other person authorised to inspect or examine weights and measures shall inspect, stamp, mark, search for and examine the said measuring appliances accordingly and for that purpose shall have the same powers and duties as he has in relation to measuring appliances used in the sale of goods.
Right of worker to annual leave.
24.—(1) Every employer shall allow to each worker in his employment in any industrial undertaking a period of not less than six consecutive days leave (in this Act referred to as annual leave) in every complete employment year of such worker during which he has been continuously in the employment of such employer and has worked in such employment not less than eighteen hundred hours.
(2) Where a worker employed by an employer in an industrial undertaking ceases, at any time other than the end of an employment year of such worker, to be in the employment of such employer, such employer shall either—
(a) allow such worker, before such cesser, six days annual leave in respect of the portion of such employment year during which he was so employed, or
(b) pay such worker, at such cesser—
(i) one day's pay (calculated at the rate which would be applicable if such day were a day of annual leave allowed immediately before such cesser) in respect of every complete period of two months in the said portion of such employment year during which he has worked not less than three hundred hours, and
(ii) one day's pay (calculated as aforesaid) in respect of the period (if any) in the said portion of such employment year which is less than two months but not less than one month and during which he has worked for not less than one hundred and fifty hours.
(3) 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, all or any of the periods of eighteen hundred hours, three hundred hours, and one hundred and fifty hours mentioned in sub-sections (1) and (2) 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 sub-sections 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 such of them as are affected by such regulations were varied in the manner stated in such regulations.
(4) No Sunday nor public holiday shall be reckoned as a day of annual leave but if a Sunday or public holiday intervene between days of annual leave such days shall be deemed to be consecutive notwithstanding such intervention.
(5) It shall not be lawful for any worker, during any period of annual leave to which he is entitled under this section, to do for reward any industrial work, and if any worker does any industrial work in contravention of this sub-section he shall be guilty of an offence under this section.
(6) Where a worker who is a member of the Reserve Force of the Defence Forces of Saorstát Eireann is absent from his employment for the purpose of attending and performing his duty as such member at any initial training, annual training, or test mobilisation, such worker shall, for the purpose of reckoning any period of employment or of continuous employment within the meaning of this section, be deemed to have been in his said employment during his said absence, and accordingly the period of his said absence shall for the purposes of this section be reckoned in the said period of employment or continuous employment.
(7) Where the ownership of an industrial undertaking is transferred by act of the parties or operation of law, a worker who is employed in such undertaking immediately before and immediately after such transfer shall be entitled to reckon, for the purposes of this section, the period of his continuous employment in such undertaking beginning before and ending at such transfer and the period of such continuous employment beginning at and continuing after such transfer as one uninterrupted period of continuous employment in such undertaking notwithstanding such transfer.
(8) This section shall apply to the employment year current at the commencement of this Act of every worker who, at such passing, is in the employment of an employer in an industrial undertaking, and this section shall have effect in respect of such employment year and such worker as if this section had been in force at the beginning of such employment year, but subject to the modifications that—
(a) if such employment year expires within one month after the commencement of this Act, such employer shall be deemed to have complied with this section if he allows to such worker, not later than three months after the expiration of such employment year, such annual leave as such worker may be entitled to under this section in respect of such employment year, and
(b) if such employer shall, before the commencement of this Act, have allowed to such worker in such employment year one or more days' leave which would be annual leave for the purposes of this section but for the fact that such days were not consecutive or were less than six or were both not consecutive and less than six, the said leave so allowed shall be deemed to be annual leave for the purposes of this section and such worker shall only be entitled in respect of such employment year to such number (if any) of consecutive days' annual leave after the commencement of this Act as is equal to the number (if any) of days by which the said leave so allowed is less than six.
(9) In the application of this section to workers who are young persons, the several periods of fifteen hundred hours, two hundred and fifty hours and one hundred and twenty hours shall respectively be substituted throughout this section for the several periods of eighteen hundred hours, three hundred hours and one hundred and fifty hours, and this section shall have effect in relation to such workers accordingly.
(10) In this section and the two next following sections of this Act the expression “employment year” in relation to any worker means a period of one year beginning on the day on which such worker last entered the employment in relation to which the expression is used or on an anniversary of that day.
(11) 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.
(12) If any employer fails to allow annual leave to any worker in contravention of this section he shall be guilty of an offence under this section.
Remuneration during annual leave.
25.—Whenever a worker for salary or wages is allowed by his employer any annual leave to which he is entitled by virtue of this Act, such employer shall pay to such worker, in respect of each day of such leave, salary or wages at whichever of the following rates is applicable, that is to say:—
(a) in the case of a worker whose ordinary remuneration is wholly calculated by reference to time, at the rate at which such remuneration was payable immediately before the commencement of such annual leave, and
(b) in the case of a worker whose ordinary remuneration is wholly piece-work wages, at the average daily rate of his earnings (exclusive of pay for overtime) in the period in respect of which he is allowed such annual leave, and
(c) in the case of a worker whose ordinary remuneration is partly calculated by reference to time and is partly piece-work wages, at the average daily rate of his earnings (exclusive of pay for overtime) in the period in respect of which he is allowed such annual leave.
Time of annual leave.
26.—(1) The time in any employment year at which an employer shall allow annual leave to a worker who is entitled to annual leave under this Act shall be selected by such employer.
(2) If in any employment year of a worker with an employer such employment year has so far expired that there remains only six working days thereof unexpired and such employer has not at that time allowed such worker annual leave, such worker if he is entitled to annual leave under this Act may absent himself from his work for such employer for such six days and shall not by reason of so absenting himself be deemed to have committed any breach of his contract of service with such employer, and such employer shall pay to such worker in respect of such six days the amount which he would be liable to pay if he had allowed such six days as annual leave.
(3) If an employer allows to a worker in any employment year a period of annual leave earlier than the last six working days of such employment year and such worker leaves the employment of such employer before the termination of such employment year, such employer shall not be entitled in respect of such allowance of annual leave to reduce the period of notice required for terminating such employment, nor the pay nor other emoluments to which such worker may be entitled at the time of leaving such employment.
(4) 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.
Notice of time of annual leave.
27.—(1) Every employer who is required by this Act to allow annual leave to a worker, shall give to every worker to whom he is so required to allow such annual leave notice in writing of the day on which such annual leave will begin, and shall so give such notice not less than two weeks before such day.
(2) A notice given in pursuance of this section to a worker may be given either by handing such notice to such worker or by exhibiting such notice in a prominent position to which such worker has access in the place in which he is employed.
(3) Every employer, required by this section to give to any worker such notice as is mentioned in the preceding sub-sections of this section, who fails or neglects to give in accordance with this section such notice to any worker on any occasion on which he is so required so to do shall be guilty of an offence under this section.
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.
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.
SCHEDULE.
ENACTMENTS REPEALED.
Session and Chapter | Short Title | Extent of Repeal |
1 Edw. 7, c. 22. | Factory and Workshop Act, 1901. | Sections 23 to 56, Section 62 Sections 68 to 72 and Sections 116 and 117. |
3 Edw. 7, c. 45. | Employment of Children Act, 1903. | Subsection (3) of Section 3 |
7 Edw. 7, c. 39. | Factory and Workshop Act, 1907. | Section 2 and paragraphs (a) and (c) of sub-section (2) of Section 5. |
10 & 11 Geo. 5, c. 65. | Employment of Women, Young Persons, and Children Act, 1920. | The whole Act so far as it relates to any form of industrial work within the meaning of this present Act. |