John Bruton
Question:60 Mr. J. Bruton asked the Minister for Enterprise and Employment the reason the Employment Regulation Order requiring that tips in restaurants be divided amongst the staff does not apply in areas outside Dublin.
Written Answers. - Employment Regulation Order.
In my reply to Dáil Question No. 292 of 26 January 1993, columns 1538-1539 of the Official Report, I explained that an Employment Regulation Order, which applies to all catering establishments in areas outside of Dublin, contains a provision governing the disbursement of service charges, where levied, in such establishments. There is no provision in the Employment Regulation Order in relation to the disbursement of tips as such. I also explained in my reply to Dáil Question No. 292 that a new Joint Labour Committee for the catering industry in Dublin is preparing proposals for an Employment Regulation Order.
Employment Regulation Orders are drawn up by Joint Labour Committees which consist of representatives of employers and employees in the relevant industries. These Orders are varied from time to time. Any proposals to make provisions in relation to tips and other gratuities in either the existing Order for the catering industry, which applies outside Dublin, or in the new Order which will apply in Dublin, may be submitted to the Joint Labour Committees concerned. It would be a matter for each Committee to consider whether or not these provisions should be incorporated in the Order concerned.