Dáil Éireann debate -
Wednesday, 26 Jan 1994

Vol. 437 No. 6

Written Answers. - Restaurant Service Charge.

Minister for Enterprise and Employment (Mr. Quinn)

Rates of pay and other conditions of employment of certain workers employed in catering establishments anywhere throughout the State except the County Borough of Dublin and the Borough of Dún Laoghaire are prescribed in an Employment Regulation Order (ERO) made by the Labour Court on the basis of proposals from the Catering Joint Labour Committee.

This ERO prescribes, inter alia, that a service charge, where levied, shall be distributed weekly to waiters, waitresses, counter assistants, barmen and barmaids. It also prescribes that, with the agreement of the majority of the staff, a maximum of 20 per cent of the total service charge may be distributed to any other classes of worker covered by the ERO.

Routine inspections are carried out by inspectors of my Department to ensure that the terms of the ERO are being observed by employers. Appropriate action to ensure compliance with the terms of the ERO is taken in cases where breaches are discovered.

My attention has not been drawn to any widespread practice in restaurants covered by the ERO whereby a service charge is included in the bill but is not passed on to staff. However, if the Deputy is aware of any restaurants in the areas covered by the ERO where this is the case perhaps he would let me have details and I will arrange to have the matter investigated.

Finally, I should also mention that a Joint Labour Committee for catering establishments in the County Borough of Dublin and the Borough of Dún Laoghaire, which do not come within the scope of the existing ERO, has recently been established. It is expected that the new committee will submit proposals for an ERO to the Labour Court in the near future.