Industrial Relations Act , 1946

(iii) a trade union representing the majority of the workers,

in respect of whom the exemption is sought, whereby the workers, the representative of the workers or the trade union, consents to the employer making the application, and to abide by any decision on the application that the Court may make, and

(b) the employer’s business is experiencing severe economic difficulties.

(8) Notwithstanding subsection (7), where the Court is not satisfied that the majority of the workers, their representatives or a trade union representing the majority of the workers consent to an application under that subsection, the Court may grant an exemption under subsection (1), provided the Court is satisfied that:

(a) the employer has informed the workers concerned of the financial difficulties of the business and has attempted to come to an agreement with the workers concerned in relation to a reduction of the statutory minimum remuneration,

(b) the employer is unable to maintain the terms of the employment regulation order concerned, and

(c) were the employer compelled to comply with the terms of the employment regulation order concerned there would be a substantial risk that—

(i) a significant number of the workers concerned would be laid off or made redundant, or

(ii) the sustainability of the employer’s business would be significantly adversely affected.

(9) In considering whether to grant an exemption under subsection (1), the Court shall have regard to the following:

(a) whether, if an exemption was granted, it would have an adverse effect on employment levels and distort competition in the sector to the detriment of employers not party to the application, who are also subject to the employment regulation order concerned,

(b) the long term sustainability of the employer’s business, were such an exemption to be granted, and

(c) any other matters the Court considers relevant.

(10) An exemption under subsection (1) shall specify:

(a) the names and employment positions occupied by the workers to whom the exemption applies;

(b) the duration of the exemption; and

(c) the minimum rates of remuneration to be paid to the worker or workers during the period of the exemption and the worker or workers shall be entitled to be paid at not less than that rate accordingly.

(11) Notwithstanding anything in this section, an exemption under subsection (1) shall not—

(a) specify an hourly rate of pay which is less than that declared by order for the time being in force undersection 11of theNational Minimum Wage Act 2000, or

(b) reduce pension contributions paid by the employer on behalf of the worker or workers concerned.

(12) Where during the period of an exemption under this section a new worker replaces a worker to whom the exemption relates, the employer may pay the new worker the hourly rate of pay specified by the Court in respect of the former worker and shall, as soon as practicable, notify the Court in writing of the employment of the new worker.

(13) Where a contract between an employer and a worker specified in an exemption under subsection (1), provides for the payment of remuneration at more than the rate provided by such exemption, the contract shall, in respect of any period during which the exemption is in force, have effect as if the rate provided for by such exemption and applicable to such worker were substituted for the rate provided for by the contract.

(14) The Court shall establish its own procedures for the hearing of applications, and in relation to incidental matters to be dealt with, under this section.

(15) The Court shall establish and maintain a register of all exemptions under this section and shall make the register available for examination by members of the public at such place and during such reasonable times as it thinks fit.

(16) No appeal shall lie from a decision of the Court under this section except to the High Court on a point of law.]

49. Records and notices.

49.—(1)The employer of any workers to whom an employment regulation order applies shall keep such records as are necessary to show whether or not the provisions of this Part are being complied with as respects them, and the records shall be retained by the employer for three years.

(2) F51[…]

(3) If an employer fails to comply with any of the requirements of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

50. Criminal liability of agent and superior employer and special defence open to employer.

50.—(1)Where the immediate employer of any worker is himself in the employment of some other person and the worker is employed on the premises of that other person, that other person shall for the purposes of this Part be deemed to be the employer of the worker jointly with the immediate employer.

(2)Where an employer is charged with an offence under any section or subsection contained in this Part, he shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days’ notice of his intention, to have any other person to whose act or default he alleges that the offence was due brought before the court hearing the charge at the time appointed for the hearing of the charge, and thereupon the following provisions shall have effect—

(a)if, after the commission of the offence has been proved, the employer proves that the offence was due to the act or the default of that other person, that other person may be convicted of the offence,

(b)if the employer further proves that he has used all due diligence to secure that this Part and any relevant regulation or order made thereunder were complied with, he shall be acquitted of the offence.

(3)Where a defendant seeks to avail himself of subsection (2) of this section—

(a)the prosecution, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine him, if he gives evidence, and any witnesses called by him in support of his pleas and to call rebutting evidence,

(b)the court hearing the charge may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.

(4)Where—

(a)it appears to an inspector that an offence has been committed in respect of which proceedings might be taken under this Part against an employer, and

(b)the inspector is reasonably satisfied that the offence of which complaint is made was due to an act or default of some other person, and that the employer could establish a defence under subsection (2) of this section,

the following provisions shall have effect—

(i)the inspector may cause proceedings to be taken against that other person without first causing proceedings to be taken against the employer,

(ii)if such proceedings are so taken, that other person may therein be charged with and, on proof that the offence was due to his act or default, be convicted of the offence with which the employer might have been charged.

51. Inspectors.

51.—(1)The Minister may appoint such and so many persons as he thinks fit to be inspectors for the purposes of this Part.

(2)Every inspector shall be furnished by the Minister with a certificate of his appointment and when exercising any of the powers conferred on him by this Part shall, if so required by any person affected, produce such certificate to him.

52. Powers of inspectors.

52.—(1)An inspector may, for the purpose of enforcing the provisions of this Part, do all or any of the following things, that is to say:—

(a)enter at all reasonable times any premises where he has reasonable grounds for believing that any workers to whom an employment regulation order applies are employed,

(b)require the production of wages sheets or other records of remuneration kept by an employer and any such records as are required by this Part to be kept by employers, and inspect and examine those sheets or records and copy any material part thereof,

(c)examine with respect to any matters under this Part any person whom he has reasonable grounds for believing to be or have been a worker to whom, an employment regulation order applies or the employer of any such worker and require such person or employer to answer such questions (other than questions tending to incriminate such person) as such inspector may put touching such matters and to sign a declaration of the truth of the answers to such questions.

(2)If any person—

(a)obstructs or impedes an inspector in the exercise of any of the powers conferred on such inspector by this section, or

(b)refuses to produce any record which an inspector lawfully requires him to produce, or

(c)prevents, or attempts to prevent any person from appearing before or being questioned by an inspector, or

(d)F52[…] fails or refuses to comply with any lawful requirement of an inspector under paragraph (b) of subsection (1) of this section,

such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(3)If any person required by this Part to keep records keeps or causes to be kept, or produces or causes to be produced or knowingly allows to be produced to an inspector, any record which is false in any material respect knowing it to be false, he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or imprisonment for a period not exceeding three months or to both such fine and imprisonment.

(4)An inspector may institute proceedings for an offence under any section or subsection contained in this Part.

(5)(a)Any inspector may, if it appears to him that a sum is due from an employer to a worker (being a worker to whom an employment regulation order, which fixes remuneration, applies) on account of the payment to him of remuneration less than the statutory minimum remuneration, institute on behalf of and in the name of that worker civil proceedings for the recovery of that sum and in any such proceedings an order may be made for the payment of costs by the inspector as if he were a party to the proceedings.

(b)The power given by paragraph (a) of this subsection for the recovery of sums due by an employer to a worker shall not be in derogation of any right of the worker to recover such sums in civil proceedings.

53. Existing trade boards to become joint labour committees.

53.—Any trade board which exists immediately before the commencement of this Act shall, upon such commencement, by virtue of this section be deemed to be a joint labour committee established under this Part by an establishment order (notwithstanding that its constitution is not in all respects in accordance with the provisions of this Act) and operating in relation to the workers and employers in relation to whom it operated immediately before such commencement.

54. Existing orders under the Trade Boards Acts, 1909 and 1918.

54.—Any order in force immediately before the commencement of this Act confirming, varying or cancelling any rate under the Trade Boards Acts, 1909 and 1918, shall continue in force and be deemed to be an employment regulation order.

55. Pending notices of proposals varying minimum rates of wages under the Trade Boards Acts, 1909 and 1918.

55.—If any notice of proposals for varying minimum rates of wages under the Trade Boards Acts, 1909 and 1918, has been duly given by a trade board before the commencement of this Act, the like proceedings may be had on those proposals as might have been had thereon if the said Acts had not been repealed by this Act, and if an order is made confirming the proposals that order shall be deemed to be an employment regulation order.

56. Adaptation of references to trade boards.

56.—References in any document (other than an enactment repealed by this Act) to a trade board shall be construed as references to a joint labour committee.

Determination of certain questions.

57. Determination of certain questions.

57.—(1)The Court may at any time, on the application of any person, give its decision on the question whether a particular joint labour committee operates as respects a particular person or whether a particular employment regulation order applies to a particular person.

(2)A court of law, in determining any question arising in proceedings before it whether a particular joint labour committee operates as respects a particular person or whether a particular employment regulation order applies to a particular person, shall have regard to any decision of the Court referred to it in the course of the proceedings.

(3)If any question arises in proceedings before a court of law whether a particular joint labour committee operates as respects a particular person or whether a particular employment regulation order applies to a particular person, the court of law may, if it thinks proper, refer the question to the Court for its decision, and the decision of the Court thereon shall be final.

Standard wages for areas.

58. Standard wages for areas.

58.—F53[…]

PART V. Registered Joint Industrial Councils.

59. Definitions for purposes of Part V.

59.—In this Part—

the expression “qualified joint industrial council” means an association of persons which complies with the following conditions—

(a)that it is substantially representative of workers of a particular class, type or group and their employers,

(b)that its object is the promotion of harmonious relations between such employers and such workers,

(c)that its rules provide that, if a trade dispute arises between such workers and their employers a lock-out or strike will not be undertaken in support of the dispute until the dispute has been referred to the association and considered by it;

the expression “the register” means the Register of Joint Industrial Councils;

the word “registered” means registered in the register;

the expression “registered joint industrial council” means an association which is for the time being registered in the register.

60. Register of Joint Industrial Councils.

60.—The Court shall maintain a register to be known as the Register of Joint Industrial Councils.

61. Registration of joint industrial councils.

61.—(1)Where an association claiming to be a qualified joint industrial council applies to the Court to be registered in the register, the Court shall, if satisfied that the claim is well-founded, register the association in the register.

(2)An application by an association for registration in the register shall be accompanied by copies of its rules and such other information with respect to the association as the Court may require.

(3)Where the Court registers an association in the register, it shall cause to be entered therein the name of the association, its principal office and the name of its secretary.

62. Cancellation of registration.

62.—The Court shall cancel the registration in the register of any association if—

(a)the association applies to the Court to do so, or

(b)the Court is of opinion that the association has ceased to be a qualified joint industrial council, or has ceased to act.

63. Inspection of rules of registered joint industrial council.

63.—The rules of a registered joint industrial council shall be open for public inspection at the offices of the Court at such times as may be fixed by the Court.

64. Appointment of chairman and secretary of a joint industrial council.

64.—F54[…]

65. Registered joint industrial council to be a body in respect, of which section 3 of the Trade Union Act, 1942, is applicable.

65.—A registered joint industrial council shall be a board in relation to which section 3 of the Trade Union Act, 1942 (No. 23 of 1942), is applicable.

PART VI. Trade Disputes.

66. “Worker” for the purposes of Part VI.

66.—F55[…]

67. Power of Court to investigate trade dispute.

67.—F56[…]

68. Recommendation by Court on trade dispute.

68.—F57[(1)The Court, having investigated a trade dispute, may make a recommendation setting forth its opinion on the merits of the dispute and the terms on which it should be settled.]

(2)The Court shall communicate a recommendation under this section to all the parties to the dispute and to such other persons as the Court thinks fit, and the Court may also publish the recommendation in such manner as it thinks fit.

69. Mediation in trade dispute by conciliation officer.

69.—F58[…]

70. Reference of trade dispute to arbitration.

70.—Where a trade dispute has occurred or is apprehended, the Court, with the consent of all the parties concerned in the dispute, may refer the dispute to the arbitration of one or more persons (who shall be paid such fees as the Minister, with the consent of the Minister for Finance, determines) or may itself arbitrate upon the dispute.

71. Investigation by the Court of certain trade disputes resulting in stoppage of work and power to make awards in relation thereto.

71.—F59[…]

72. Effect of awards under section 71.

72.—F60[…]

PART VII. Transitory Provisions in Relation to Wages (Standard Rate) Orders and Bonus Orders under Emergency Powers (No. 166) Order, 1942, and Emergency Powers (No. 260) Order, 1943.

73. Definitions for purposes of Part VII.

73.—In this Part—

the expression “bonus order” means an order made under Article 11 or Article 11A or Article 11AA of Order 166 or under Article 11 of the Emergency Powers (No. 166) Order, 1942 (Fifth Amendment) Order, 1942 (S. R. & O., No. 444 of 1942) or under Article 18 or Article 19 or Article 20 or paragraph (4) of Article 21 of Order 260, which is in force immediately before the commencement of this Act;

the expression “Order 166” means the Emergency Powers (No. 166) Order, 1942 (S. R. & O., No. 121 of 1942);

the expression “Order 260” means the Emergency Powers (No. 260) Order, 1943 (S. R. & O., No. 50 of 1943);

the word “recorded” means, in relation to a wages (standard rate) order or a bonus order, recorded under section 76 of this Act;

the expression “wages (standard rate) order” means an order made under Article 10 or Article 10A of Order 166 or under Article 16 or Article 17 or paragraph (3) of Article 21 of Order 260 which is in force immediately before the commencement of this Act.

74. Duration of Part VII.

74.—(1)This Part shall continue in force for one year from the commencement of this Act and shall then expire unless further continued by regulations of the Minister under subsection (2) of this section.

(2)The Minister, after consultation with organisations representative of trade unions of workers and trade unions representative of employers, may, if he thinks fit, by regulations, made before the expiration of one year from the commencement of this Act, continue this Part for such further period as he thinks fit and specifies in the order, and in that case this Part shall continue in force until the end of the period so specified and shall then expire.

75. Restriction on operation of Part VII.

75.—This Part does not apply to workers whose remuneration is fixed by a Minister of State under any enactment for the time being in force.

76. Recording of wages (standard rate) orders and bonus orders.

76.—(1)Where an application is made to the Court by a trade union or any body of persons, which appears to the Court to be representative of workers to whom a wages (standard rate) order and a bonus order apply, to record such orders under this section, the Court shall, subject to subsection (2) of this section, cause the said orders to be recorded.

(2)The Court shall not cause a wages (standard rate) order or a bonus order to be recorded under this section unless the application to record the order is made within the period of four months beginning on the commencement of this Act.

(3)An application under this section to record a wages (standard rate) order and a bonus order may be made by registered post and shall be accompanied by copies of the orders.

(4)The Court may appoint one of its officers to receive applications under this section and record wages (standard rate) orders and bonus orders.

77. Court wages order.

77.—(1)An application may be made to the Court by a trade union or other body for an order fixing rates of remuneration for a class of workers to whom, immediately before the commencement of this Act, no wages (standard rate) order applied.

(2)Where an application is made to the Court under this section in respect of a class of workers, the following provisions shall have effect—

(a)if the applicant appears to the Court to be representative of workers of that class, the Court shall publish notice of the application in such manner as, in the opinion of the Court, is best calculated to bring the application to the notice of all persons concerned;

(b)the Court shall consider the application and shall hear all persons appearing to the Court to be concerned and desiring to be heard;

(c)the Court may, as it thinks fit, refuse the application or make an order providing for such rates of remuneration for the said class of workers as the Court thinks fit;

(d)where the Court makes such order—

(i)if the applicant notifies the Court, within sixteen days after the making of the order, that the order is not acceptable, the Court shall thereupon revoke the order,

(ii)if the applicant does not so notify the Court the order shall, as on and from the expiration of the said sixteen days, have the like effect as if it were a recorded wages (standard rate) order and bonus order, and

(iii)references in the subsequent sections of this Part to wages (standard rate) orders and bonus orders shall be construed as including references to orders under this section, with the modifications that references to recording shall, in relation to an order under this section, have effect as references to the making of the order, and references to cancellation of a recording shall have effect as references to the revocation of the order.

78. Effect of recording of orders.

78.—(1)Where a wages (standard rate) order and a bonus order are recorded, the following provisions shall, during the period during which the said orders continue to be recorded, have effect, that is to say:—

(a)the employer of any worker to whom the said orders relate shall pay to such worker remuneration at a rate not less than the appropriate rate specified in the wages (standard rate) order, together with the bonus specified in the bonus order;

(b)if a contract between any worker to whom the said orders relate and his employer provides for payment of remuneration at a rate (in this paragraph referred to as the contract rate) less than the rate specified in the wages (standard rate) order, together with the bonus specified in the bonus order, the contract shall, in respect of the said period have effect as if it provided for payment of remuneration at the rate specified in the wages (standard rate) order together with the said bonus in lieu of the contract rate;

(c)if a trade union of workers complains to the Court that an employer has, in respect of any worker to whom the said orders relate, failed or neglected to comply with paragraph (a) of this subsection—

(i)the Court shall consider the complaint, and shall hear all persons appearing to the court to be interested and desiring to be heard,

(ii)if, after such consideration, the Court is satisfied that the complaint is well-founded, the Court may by order direct the said employer to pay any sum due to the worker for remuneration in accordance with the orders;

(d)if an employer to whom the said orders relate or a trade union representative of such employers complains to the Court that a trade union of workers is promoting or assisting out of its funds in the maintenance of a strike which to the knowledge of the general committee of management of the trade union of workers has for its object the enforcement of a demand on an employer to pay to a worker to whom the orders relate remuneration other than that provided by the orders, the following provisions shall have effect:—

(i)the Court shall consider the complaint and shall hear all persons appearing to the Court to be interested and desiring to be heard;

(ii)if, after such consideration, the Court is satisfied that the complaint is well-founded—

(I)the Court may, by order, direct the said trade union of workers to refrain from assisting out of its funds in the maintenance of the said strike;

(II)the Court may cancel the recording of the orders.

(2)Where—

(a)a strike continues after the Court has made an order under subsection (1) of this section in respect of the strike, and

(b)members of a trade union of workers, whose rates of remuneration are not the subject of the strike, are unable or decline to work while the strike continues,

then, the payment to those members of strike benefit in accordance with the rules of the trade union shall not be regarded, for the purposes of this section, as assisting in the maintenance of the strike.

(3)If, where an order is made by the Court under subparagraph (ii) of paragraph (c) of subsection (1) of this section or under clause (I) of subparagraph (ii) of paragraph (d) of subsection (1) of this section, the direction contained in the order is not carried out, the person to whom the direction is given shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and, in the case of a continuing offence, a further fine not exceeding ten pounds for every day during which the offence is continued.

79. Applications for variation of recorded wages (standard rate) orders and bonus orders.

79.—Where a wages (standard rate) order and bonus order have been recorded, the following provisions shall have effect—

(a)application may be made from time to time by trade unions and other bodies for an increase in the rates of remuneration specified in the orders;

(b)if any such applicant appears to the Court to be representative of workers to whom the orders relate, the Court shall publish notice of the application in such manner as, in the opinion of the Court, is best calculated to bring the application to the notice of all persons concerned;

(c)the Court shall consider the application and shall hear all persons appearing to the Court to be concerned and desiring to be heard;

(d)the Court may, as it thinks fit, refuse the application or make an order providing for such increased rates of remuneration as it thinks fit;

(e)if the Court makes such order, it shall specify in the order the trade unions of workers or bodies represensentative of workers (in this section referred to as interested parties) who shall be entitled to require the revocation of the order or the cancellation of the recording of the wages (standard rate) order and the bonus order in accordance with this section;

(f)if any interested party, within sixteen days after the making of the order, notifies the Court either—

(i)that it requires the order to be revoked, or

(ii)that it requires the order to be revoked and the recording to be cancelled,

the Court shall comply with the requirement;

(g)if an interested party does not so notify the Court, the wages (standard rate) order and the bonus order shall, as on and from the expiration of the said sixteen days, have, for the purposes of section 78 of this Act, effect as if they were amended in accordance with the terms of the order so made by the Court;

(h)if the Court refuses the application it shall specify the trade unions or bodies who shall be entitled to reject the refusal, and, if within sixteen days after the refusal, any such trade union or body notifies the Court that it rejects the refusal, the Court shall thereupon cancel the recording of the wages (standard rate) order and the bonus order.

80. Cancellation of recording of wages (standard rate) order and bonus order.

80.—(1)Where an employment agreement, within the meaning of Part III of this Act, relating to remuneration is registered under the said Part III, the Court shall thereupon cancel the recording of any wages (standard rate) order and bonus order which in the opinion of the Court relate to the same class of workers as that to which the said agreement applies.

(2)The Court, if satisfied, on the complaint of any person, that the recording of a wages (standard rate) order and bonus order was obtained on the application of a trade union or body which did not represent the majority of the workers to whom the said orders relate, may cancel the recording.

81. Publication of particulars.

81.—(1)When a wages (standard rate) order and a bonus order are recorded the Court shall publish in such manner as it thinks fit notice of the recording together with such particulars of the orders as the Court considers necessary.

(2)When a wages (standard rate) order and bonus order are varied by order under section 79 of this Act the Court shall publish in such manner as it thinks fit notice of the variation together with such particulars of the variation as the Court considers necessary.

(3)When the recording of a wages (standard rate) order and bonus order is cancelled the Court shall publish in such manner as it thinks fit notice of the cancellation.

82. Determination or certain questions.

82.—(1)The Court may at any time, on the application of any person, give its decision on any question as to the interpretation of a wages (standard rate) order and bonus order or their application to a particular person.

(2)A court of law, in determining any question arising in proceedings before it as to the interpretation of a wages (standard rate) order and bonus order or their application to a particular person shall have regard to any decision of the Court on the said orders referred to it in the course of the proceedings.

(3)If any question arises in proceedings before a court of law as to the interpretation of a wages (standard rate) order and bonus order or their application to a particular person, the court of law may, if it thinks proper, refer the question to the Court for its decision, and the decision of the Court thereon shall be final.