Wages Regulation (Baking) (Scotland) Order, 1962

JurisdictionUK Non-devolved
CitationSI 1962/975

1962 No. 975

WAGES COUNCILS

The Wages Regulation (Baking) (Scotland) Order, 1962

9thMay 1962

30thMay 1962

Whereas the Minister of Labour (hereafter in this Order referred to as "the Minister") has received from the Baking Wages Council (Scotland) the wages regulation proposals set out in the Schedule hereto;

Now, therefore, the Minister, by virtue of the powers conferred on him by section 11 of the Wages Councils Act, 1959(a), and of all other powers enabling him in that behalf, hereby makes the following Order:—

1. This Order may be cited as the Wages Regulation (Baking) (Scotland) Order, 1962.

2.—(1) In this Order the expression "the specified date" means the 30th day of May, 1962, provided that where, as respects any worker who is paid wages at intervals not exceeding seven days, that date does not correspond with the beginning of the period for which the wages are paid, the expression "the specified date" means, as respects that worker, the beginning of the next such period following that date.

(2) The Interpretation Act, 1889(b), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament and as if this Order and the Order hereby revoked were Acts of Parliament.

3. The wages regulation proposals set out in the Schedule hereto shall have effect as from the specified date and as from that date the Wages Regulation (Baking) (Scotland) Order, 1961(c), shall cease to have effect.

Dated this 9th day of May, 1962.

John Hare, Minister of Labour.

(a) 7 & 8 Eliz. 2. c. 69.

(b) 52 & 53 Vict. c. 63.

(c) S.I. 1961/953 (1961 II, p. 1847).

ARRANGEMENT OF SCHEDULE

PART I—STATUTORY MINIMUM REMUNERATION

 Paragraphs
                Application 1
                Male Workers—Minimum weekly remuneration 2, 3
                 Definition of shifts 4
                Female Workers—Minimum weekly remuneration 5
                Hourly minimum rate 6
                Minimum overtime rates 7-9
                Waiting time 10
                Guaranteed weekly remuneration 11
                

PART II—HOLIDAYS AND HOLIDAY REMUNERATION

Customary holidays 12
                Annual holiday 13-15
                Remuneration for customary holidays 16
                Remuneration for annual holiday 17
                Accrued holiday remuneration payable on termination of employ-
                 ment 18
                Calculation of employment 19
                

PART III—GENERAL

Definitions 20
                Workers to whom this Schedule applies 21
                

SCHEDULE

The following minimum remuneration and provisions as to holidays and holiday remuneration shall be substituted for the statutory minimum remuneration and provisions as to holidays and holiday remuneration fixed by the Wages Regulation (Baking) (Scotland) Order, 1961(a) (hereinafter referred to as "Order BKS (43)").

PART I

STATUTORY MINIMUM REMUNERATION

APPLICATION

1. Subject to the provisions as to guaranteed weekly remuneration set out in paragraph 11, the minimum remuneration payable to a worker to whom this Schedule applies is:—

(a) for all work except work to which a minimum overtime rate applies under paragraph 7:—

(i) the minimum weekly remuneration specified in paragraph 2 or 5 and, in addition thereto, any hourly rate payable under sub-paragraph (2) or sub-paragraph (4) of paragraph 3; or

(ii) where minimum weekly remuneration is not payable to the worker, at the hourly minimum rate specified in paragraph 6;

(b) for any work to which a minimum overtime rate applies and for any waiting time, the amounts payable under paragraphs 7 and 10.

(a) S.I. 1961/953 (1961 II, p. 1847).

MALE WORKERS

MINIMUM WEEKLY REMUNERATION

2. Subject to the provisions of this paragraph and paragraphs 3 and 4, the minimum weekly remuneration payable to a male worker specified in Column 1 of the following Table for the normal working week (excluding overtime) is:—

(a) in the case of a worker who is not usually required to work on a Sunday (except on preparatory work such as the setting of sponges or the heating of ovens) the remuneration specified under the heading "A" in such one of the columns numbered 2 to 7 in the said Table as is applicable to the worker;

(b) in the case of any other worker, the remuneration set out under the heading "B" in such one of the said columns as is applicable to the worker.

TABLE

Provided that—

(1) the minimum weekly remuneration payable to a foreman baker shall be the amount which would be payable to him if employed as a journeyman baker (to whom (a) of the foregoing Table applies), increased by 20s.;

(2) the minimum weekly remuneration payable to a charge hand other than an ingredient storekeeper charge hand shall be the amount which would be payable to him if employed as a male bakery worker, increased by 10s.

3. Notwithstanding the provisions of paragraph 2—

(1) where a worker is employed otherwise than on a shift system and his working day ordinarily commences on a Saturday or on the day before a customary holiday not earlier than 4 a.m., and on the other working days in the week at or after 5 a.m. and before 6 a.m., the minimum weekly remuneration payable is that appropriate under column 3 of the Table to paragraph 2;

(2) where a worker entitled to minimum weekly remuneration under column 2, 3 or 4 of the said Table is required to commence work before his normal starting hour he shall, in addition to the minimum weekly remuneration payable thereunder, be paid—

(a) in the case of a worker to whom column 2 applies 3s. 0d. per hour or part of an hour for all time worked before midnight on a Friday or on the night of the day preceding the day before a customary holiday;

(b) in the case of a worker to whom column 3 applies (i) 1s. 6d. per hour or part of an hour for all time worked before 5 a.m.; or (ii) on a Saturday or on the day before a customary holiday, 1s. 6d. per hour or part of an hour for all time worked between midnight and 4 a.m., and if the spell of duty starts before midnight on the Friday night, or on the night of the day preceding the day before a customary holiday, 3s. 0d. per hour or part of an hour for all time worked before midnight;

(c) in the case of a worker to whom column 4 applies 1s. 6d. per hour or part of an hour for all time worked before 5 a.m.;

(3) where a worker works—

(a) on a regularly alternating shift system providing for an equal period of work in one of the first, second or third shifts referred to in paragraph 4, and in one other of those shifts, or

(b) on a regularly rotating shift system providing for two periods of two weeks on the first shift, one period of two weeks on the second shift and one period of two weeks on the third shift,

the minimum weekly remuneration payable to him for work other than overtime in each consecutive week of such employment shall be the amount that would be payable to him if he worked throughout the complete number of working weeks required to be worked to complete a whole period of alternation or rotation as aforesaid and that amount were divided by the said number of weeks;

(4) where a worker employed on a shift system who is engaged on first shift is required to commence work on a Saturday (but not on any other day of the week) before 5 a.m., he shall be paid in addition to the weekly minimum remuneration payable in accordance with this Part of this Schedule 1s. 6d. per hour or part of an hour for all time worked by him before 6 a.m.;

(5) where the ordinary hours of work of a worker (not being a worker to whom sub-paragraph (4) of this paragraph applies) employed on a shift system do not fall wholly within the first, second or third shift the minimum weekly remuneration payable to him shall be that appropriate to the third shift.

DEFINITION OF SHIFTS

4. For the purposes of paragraphs 2 and 3—

(a) "shift system" means a system of working which involves successive turns of duty for different groups of workers in the establishment in which they are employed;

(b) "first shift" means, in the case of a worker employed on a shift system, the period of work which ordinarily commences not earlier than 6 a.m. and finishes not later than 6 p.m.;

(c) "second shift" means, in the case of a worker employed on a shift system, the period of work which ordinarily commences not earlier than 10 a.m. and finishes after 6 p.m. but not later than 11 p.m.;

(d) "third shift" means, in the case of a worker employed on a shift system, the period of work which ordinarily commences (i) in the case of a doughmaker, ovensman or bread runner not earlier than 8 p.m. on days other than a Friday and not earlier than 7 p.m. on a Friday, and (ii) in all other cases not earlier than 11 p.m. on days other than a Friday and not earlier than 10 p.m. on a Friday, but in all cases earlier than 6 a.m. on the next day.

FEMALE WORKERS

MINIMUM WEEKLY REMUNERATION

5. The minimum weekly remuneration payable to a female worker for the normal working week (excluding overtime) is that specified in the following Table:—

TABLE

 s. d
                (a) Female assistant baker charge hand 159 0
                (b) Female ingredient storekeeper charge hand 156 6
                (c) Female ingredient storekeeper (not being a charge hand)
                 or female assistant baker—
                 Aged under 16 years 67 6
                 " 16 and under 17 years 73 6
                 " 17 " " 18 " 83 0
                 " 18 " " 19 " 112 6
                 " 19 " " 20 " 121 0
                 " 20 " " 21 " 128 6
                 " 21 years or over 149 0
                (d) Female bakery worker charge hand 143 6
                (e) Female bakery worker—
                 Aged under 16 years 67 6
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