3rd August 2022
Damien English TD, Minister of State for Business, Employment and Retail has today accepted a proposal for an Employment Regulation Order for the Security Industry. The Order will commence on Monday, 29 August 2022, providing a new minimum rate of pay of €12.50 per hour. The Order also provides for a second increase to minimum €12.90 per hour from the 1 February 2023.
Minister English said:
‘I am pleased to approve this Employment Regulation Order which will commence on 29 August 2022.
I would like to thank the members of the Joint Labour Committee and those interested parties who submitted submissions as part of the public consultation for their contributions to this process. 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 voluntarily negotiate together to identify a mutually beneficial agreement.
I believe that for workers, the advantage of Joint Labour Committees is that they see fair secure terms and conditions such as wage rates, sick pay etc. agreed and, 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’.
Notes for Editor
This ERO replaces the ERO that was signed in 2017 for the Sector – SI 231 of 2017. It provides for an increase in the minimum rate of pay for an adult worker in the sector of €12.50 per hour from the date of signature by the Minister, €12.90 per hour from 1 February 2023. Since 1 June 2019, the minimum rate of pay has been €11.65.
An unsocial hours’ premium will be paid for hours worked between 21:00 hours and 07:00 hours, provided the worker works at least 3 hours in that period. This will apply from the date of signature by the Minister 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 3 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.
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