ERO Tailoring

Implications of the High Court Decision Delivered on July 7th 2011 in Relation to Employment Regulation Orders (EROs).

Application

This ERO applies to all employees in the tailoring trade, including male ready-made and wholesale bespoke tailoring and male retail bespoke tailoring carried out in a factory where garments are made up for three or more retail establishments. It also includes those involved in the making from any material of male headgear. See ERO for detailed definitions of all categories covered.

Remuneration

Minimum Pay

Rates of minimum pay vary depending on job type and length of service. Full details relating to statutory minimum rates of pay for each job class are set out in the ERO.

Overtime Rates

Overtime shall be payable where on any day the number of hours worked exceeds the normal number of hours on that day, notwithstanding that the number of hours worked in that week does not exceed the normal number of hours of work for the week.

Employees are entitled to be paid time-and-a-half for the first four hours of all overtime worked on any day (other than Sundays and public holidays) and double time thereafter. Employees who work overtime on Sundays are entitled to be paid double time. Employees who work overtime on customary or statutory public holidays are entitled to be paid double time plus a day off in lieu, or treble time.

Conditions of Employment

Working hours

For employees who customarily attend on six days a week, the normal number of hours is 39 in any week, on any day other than the ‘short day’, not exceeding 8 hours and on the ‘short day’ not exceeding 4 hours.

For employees who customarily attend on five days a week, the normal number of hours is 39 in any week, on Monday to Thursday (inclusive) not exceeding 9 hours and on Friday not exceeding 8 hours.

For workers over 16 years of age and under 18 years of age, the normal number of hours is 39 in any week, no day shall exceed 8 hours.

Rest Periods

All employees are entitled to breaks and rest periods in accordance with the Organisation of Working Time Act, 1997.  In relation to workers under the age of 18, the provisions of the Protection of Young Persons (Employment) Act, 1996 shall apply.

Holidays

Annual leave and public holiday entitlements are in accordance with the Organisation of Working Time Act, 1997.

Sick Pay Scheme

There is no reference to a Scheme in this ERO.

Miscellaneous

The ERO also provides for special conditions in relation to incentive time-rates, piece-work rates, service pay, waiting time and the conditions governing learnership. See ERO for more details.