28th April 2021
Damien English TD, Minister for Business, Employment and Retail, has approved an Employment Regulation Order for the Security Industry, which provides for a pay increase for the sector from 1 September 2021.
The Order which will become effective from 1 September 2021 revokes the one that was in place for the sector since 1 June 2017 and provides for a new pay rate of €12.05 per hour which applies from 1 September 2021 with further increases to €12.50 per hour from 1 June 2022 and €12.90 per hour from 1 June 2023.
The Minister said:
“I am very pleased to approve this Employment Regulation Order which I will sign to bring into effect on September 1st, 2021. Whilst the proposals from the Labour Court originally indicated that this increase could be scheduled from June 1st, 2021, I have decided to authorise the increases from the later date of September 1st, 2021. This is to ensure that workers and employers have adequate notice of the changes and owing to the Covid-19 public health restrictions in place which impacts on many businesses in Ireland as we continue in our efforts to suppress the virus.
“It will see the pay of security industry workers increase from September 1st, 2021 with a further increase on June 1st, 2022 and again in 2023.
“I would like to thank the members of the Joint Labour Committee, the Labour Court and those interested parties who submitted submissions as part of the public consultation for their contributions to this process. This process sits very much within the context of Ireland's voluntarist system of industrial relations.
“The Security Industry Joint Labour Committee is a good example of how effective the reformed Joint Labour Committee system can be when representatives of employees and employers can agree a commonality of purpose in a sector.
“I believe that for all workers, the advantage of Joint Labour Committees is that they see fair terms and conditions such as wage rates, sick pay etc. agreed and given effect by an Employment Regulation Order, while for some employers, the advantage of the system, based as it is on the principle of self-governance, means that they can agree and set minimum pay and conditions, agree on work practices which are custom-made to their industry – a flexibility which cannot be achieved by primary legislation.”
NOTES FOR EDITOR
This ERO proposal revokes the ERO that was signed in 2017 for the Sector – SI 231 of 2017. It provides for a new rate of pay for an adult worker in the sector of €12.05 per hour from 1 June 2021 or from the date of signature by the Minister, whichever is the later, €12.50 per hour from 1 June 2022 and €12.90 per hour from 1 June 2023.
An unsocial hours premium will be paid for hours worked between 21:00 hours and 07:00 hours, provided the worker works at least three hours in that period. This will apply from 1 June 2022 and is a minimum payment of €8.40 per shift.
The proposals set out that a worker who has not attained the age of 18 years shall be remunerated at an hourly rate of pay that is not less than 70 per cent of the rate specified.
In the case of a worker having entered into employment before attaining the age of 18 years and continuing in employment on attaining that age, in his or her first year after having attained the age of 18 years, 80 per cent of the rate specified and in his or her second year after having attained that age, 90 per cent of the rate specified.
Where a worker who has attained the age of 18 years undergoes a course of study or training authorised by the employer within the workplace or elsewhere during normal working hours, such courses or training to be prescribed in regulations made by the Minister pursuant to section 3 of the Act of 2000 for the purposes of section 16 of that Act, the worker shall be remunerated by his or her employer in respect of his or her working hours at a rate of pay as specified in the Order.
Overtime rates apply to all hours worked in excess of an average 48 hours per week in the roster cycle and will be paid at a rate of time and a half, a rostered cycle shall be a predetermined working pattern, which can be up to a maximum of six weeks, which has been issued to the worker in writing prior to the commencement of the roster cycle.
In addition to the pay increases the JLC have agreed new procedures to apply in the industry some of which relate to the following:
Annual Leave: Regular rostered overtime is to be included for the purposes of holiday pay. Both regular rostered overtime and Holiday Pay will be calculated by reference to the average hours worked (including paid breaks) over the previous 13 weeks, prior to the taking of annual leave.
Working Hours, Rest Periods and Breaks: The workers to whom this Order refers will, pursuant to section 4 (6) Organisation of Working Time Act 1997, be exempt by agreement from the provisions of sections 11, 12 and 13 of that Act.
Each employer to whom this Order applies shall ensure that each worker shall have a rest period and break which can be regarded as equivalent to those provided for in Sections 11, 12 and 13 of the Organisation of Working Time Act 1997.
Hours of Work/Rosters: Completed rosters setting out all hours of work for a minimum period of one week will be made available to workers in writing. Other than in exceptional circumstances completed rosters will be issued and made available to the worker a minimum of three days in advance of commencement. Rosters are subject to flexibility relating to operational and business needs.
Minimum Shift / Duty hours: When a security guard is scheduled or called in to carry out a shift or duty comprising of less than four hours, this will attract a minimum of four hours’ pay. Scheduled hours may constitute less than four hours where an employee is employed to work on a part time contract or both employer and employee agree in writing to change to a part time contract, expressly for the purposes of working a shorter shift.
The Department of Enterprise, Trade and Employment (DETE) plays a key role in implementing the Government’s policies of stimulating the productive capacity of the economy and creating an environment which supports job creation and maintenance. The Department has lead responsibility for Irish policy on global trade and inward investment and a remit to promote fair competition in the marketplace, protect consumers and safeguard workers.
For further information please contact Press Office, D/Enterprise, Trade and Employment, firstname.lastname@example.org or (01) 631-2200
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