A New Era for EROs
Following their statutory cessation by the High Court in July 2011, Employment Regulation Orders (ERO's) for certain industries are to be re-established. Starting firstly with the reinstatement of ERO's for the security and contract cleaning industries, bringing improved rates of pay for workers, with new basic hourly rates of €10.75 and €9.75 respectively. The new ERO's, which took effect from October 1st 2015, also set enhanced rates for overtime and other improved T&C's for employees in these sectors. Sounds simple enough, an increase to the hourly rate and the overtime. But what else is there that you as an employer need to know?
Let's look at the security industry ERO.
Overtime: the ERO on the security industry sets an overtime rate for all hours worked in excess of an average 48 hours per week at a rate of time and a half. The ERO also sets out conditions of employment covering issues such Annual Leave, Sick Pay, Training and Hours of Work. And it is here that there are some anomaly's, employers may not be aware of.
A Death in Service Benefit of one year's basic pay will be payable to any employee employed with the company more than 6 months and regardless of whether they were working at the time of death.
A Personal Attack Benefit will apply after 6 months service to all employees covered by the ERO, who are attacked during the course of duty, resulting in an injury. A minimum of 10 and a maximum of 26 weeks basic pay, minus Social Welfare payment could be payable to your employee(s) if they are injured on the job.
Sick Pay Benefit payable of €120 per week for no less than 3 weeks and no more than 5 for employees with 2 or more years service, on top of the Department of Social Protection payment they may be in receipt of.
There are just under 20,000 "security operative" workers covered by the new ERO.
Employers affected are now obliged to pay wage rates and provide conditions of employment not less favourable than those prescribed. Any breaches of the ERO may be referred to the Workplace Relations Commission for appropriate action. And given the restructuring of the WRC, this is an area to keep an eye on as other industry sectors could also get the same "shake-up"
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