Employment Regulation (Amendment) Order (Contract Cleaning Joint Labour Committee) 2016.

• Jurisdiction: Ireland
• Year: 2016
• Citation: IR SI 548/2016

Notice of the making of this Statutory Instrument was published in“Iris Oifigiúil” of 1st November, 2016.

WHEREAS I, PAT BREEN, Minister of State at the Department of Jobs, Enterprise and Innovation, being in receipt of proposals of the Contract Cleaning Joint Labour Committee that have been adopted by the Court and forwarded to me under subsection (1) of section 42C (inserted by section 12 of the Industrial Relations (Amendment) Act 2012 (No. 32 of 2012)) of the Industrial Relations Act 1946 (No. 26 of 1946) and being satisfied that sections 42A and 42B of that Act have been complied with and considering it appropriate to do so:

NOW, I, PAT BREEN, in exercise of the powers conferred on me by subsection (2) of section 42C (inserted by section 12 of the Industrial Relations (Amendment) Act 2012 (No. 32 of 2012)) of the Industrial Relations Act 1946 (No. 26 of 1946) (as adapted by the Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 245 of 2011 ) and the Jobs, Enterprise, and Innovation (Delegation of Ministerial Functions) Order 2016 ( S.I. No. 333 of 2016 ) hereby make the following order:

1. This Order may be cited as the Employment Regulation (Amendment) Order (Contract Cleaning Joint Labour Committee) 2016.

2. This Order and Employment Regulation Order (Contract Cleaning Joint Labour Committee) 2015 (the 2015 Order) shall be cited as Employment Regulation Orders (Contract Cleaning Joint Labour Committee) 2015 and 2016.

3. The 2015 Order is amended by substituting for the Schedule to it the Schedule set out in the Schedule to this Order.

SCHEDULE

“SCHEDULE

PART I

Interpretation

In this Order:—

“Act of 2000” means the National Minimum Wage Act 2000 (Number 5 of 2000);

“Establishment Order” means S.I. No. 626/2007 — Contract Cleaning Joint Labour Committee Establishment Order 2007, as amended by S.I. No 25/2014-Contract Cleaning Joint Labour Committee Establishment (Amendment) Order 2014;

“Minister” means the Minister for Jobs, Enterprise and Innovation;

A word or expression that is used in this Order which is also used in the Establishment Order has, unless the contrary intention appears, the meaning in this Order that it has in the Establishment Order.

Workers to Whom this Order Applies

This Order applies to Workers to whom the Establishment Order Applies.

PART II

STATUTORY MINIMUM REMUNERATION AND CONDITIONS OF EMPLOYMENT

Section I — Rate of Remuneration

(1) Subject to paragraph (2) of this section a worker to whom this Order applies shall be remunerated by his or her employer at the following rates:

(a)€9.75 per hour until the new hourly rate of €10.05 applies from the 1st December 2016 or 60 days after the date of signing/effective date of Order, whichever is the later;

(b) €10.40 per hour — from the 1st December 2017; and

(c) €10.80 per hour — from the 1st December 2018.

(2)(a) 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 paragraph (1).

(b) A worker who enters into employment for the first time after attaining the age of 18 years or having entered into employment before attaining the age of 18 years continues in employment on attaining that age, shall be remunerated at an hourly rate that is not less than:—

(I) In the case of a worker commencing employment for the first time after attaining the age of 18 years:—

(i) In his or her first year after having commenced employment, 80 per cent of the rate specified in paragraph (1);

(ii) In his or her second year after commencing employment, 90 per cent of the rate specified in paragraph (1).

(II) 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:-

(i) In his or her first year after having attained the age of 18 years, 80 per cent of the rate specified in paragraph (1); and

(ii) In his or her second year after having attained that age, 90 per cent of the rate specified in paragraph (1).

(c) 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 that is not less than the following:

(i) in respect of the first one-third period (but not exceeding 12 months) of the total study or training period, 75 per cent of the rate specified in paragraph (1);

(ii) in respect of the second one-third period (but not exceeding 12 months) of the total study or training period, 80 per cent of the rate specified in paragraph (1);

(iii) in respect of the third one-third period (but not exceeding 12 months) of the total study or training period, 90 per cent of the rate specified in paragraph (1).

The conditions specified at section 16 of the Act of 2000 shall apply, with necessary modifications, to the application of this subparagraph.

Section II — Annual Holidays

(1) Depending on time worked, employees’ holiday entitlements should be calculated by one of the following methods:-

(a) 4working weeks in a leave year in which the employee works at least 1,365 hours (unless it is a leave year in which he or she changes employment);

(b) 1/3 of a working week per calendar month that the employee works at least 117 hours;

(c) 8% of the hours an employee works in a leave year (but subject to a maximum of 4 working weeks).

(2) Where Sunday working is part of the normal week’s work, or regularly part of a roster, it will be included in Holiday Pay Payment and will be calculated on the average of Sundays worked in the 13 weeks prior to the date of the employee’s holidays.

(3) Good Friday — workers employed prior to 2nd August 2012 will be paid for Good Friday as if it was a public holiday in accordance with the provisions of Sections 21 and 22 of the Organisation of Working Time Act 1997 , exclusive of any qualifying number of hours required in that Act. For persons employed from and including 2nd August 2012, Good Friday is to be paid as a normal working day except for those workers who have a contractual entitlement to payment for Good Friday. These workers will continue to be paid for Good Friday as if it was a public holiday in accordance with the provisions of Sections 21 and 22 of The Organisation of Working Time Act 1997 , exclusive of any qualifying number of hours required in that Act.

(4) Payment for Public Holidays shall be in accordance with Part III of the Organisation of Working Time Act 1997 .

PART III

TERMS OF EMPLOYMENT

All Employers will, on request or within two months of the commencement of employment, provide each employee with a written statement of the employee’s terms of employment in compliance with the Terms of Employment (Information) Act, 1994 .

In the...