Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Ireland (Ratification: 1998)

Article 2 of the Convention. Exclusion possibilities. The Committee notes the Government’s explanations concerning certain categories of hotel and catering sector employees who are currently excluded from the scope of applicable Employment Regulation Orders. While noting that those excluded categories continue to be covered by the general labour legislation, including the national minimum wage, the Committee recalls that the Convention seeks to protect all workers concerned, irrespective of the nature and duration of their employment relationship, and accordingly requests the Government to consider the possibility of extending the coverage of the relevant Hotels and Catering Employment Regulation Orders to the categories of workers currently excluded.

Article 3(1). National policy. Further to its previous comment, the Committee notes that the first Employment Regulation Order for the catering sector applicable to the County Borough of Dublin became effective in 2003, whereas no Employment Regulation Order has been made for the hotel sector for the Dublin area as the Hotel Joint Labour Committee has not yet made proposals to the Labour Court. The Committee requests the Government to provide information on any new developments in this regard and to transmit a copy of the Employment Regulation Order once it has been issued.

Moreover, the Committee notes the information provided by the Government concerning the ongoing implementation of the human resources development strategy for Irish tourism which was launched by Fáilte Ireland in 2005. It also notes the various training programmes for skills improvement and career enhancement offered by Fáilte Ireland in 2007 to people and businesses operating in the tourism sector. The Committee would appreciate if the Government would continue to provide detailed particulars on legislative measures, policy initiatives and projects designed to improve the working conditions in the hotel, restaurant and catering industry and the results obtained.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government according to which there are currently 128,600 persons employed in the hotel and catering sector. It also notes the data provided by the National Employment Rights Authority (NERA) concerning the number of inspection visits conducted and breaches detected during a period 2004–08. The Committee would be grateful if the Government would continue to provide information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant EROs, copies of applicable collective agreements, extracts from reports of the labour inspection services showing the number and nature of contraventions observed, official reports or surveys concerning the employment situation and difficulties experienced in the hotel and catering sector, etc.