Employment Regulation (Amendment) Order (Contract Cleaning Joint Labour Committee) 2020

• Jurisdiction: Ireland
• Citation: IR SI 608/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th December, 2020.

WHEREAS I, DAMIEN ENGLISH, Minister of State at the Department of Enterprise, Trade and Employment, being in receipt of proposals of the Contract Cleaning Joint Labour Committee that have been adopted by the Labour 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, DAMIEN ENGLISH, 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 Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 519 of 2020 ) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2020 ( S.I. No. 579 of 2020 ) hereby make the following order:

1. This Order may be cited as the Employment Regulation (Amendment) Order (Contract Cleaning Joint Labour Committee) 2020.

2. This Order revokes the Employment Regulation (Amendment) Order (Contract Cleaning Joint Labour Committee) 2016 ( S.I. No. 548 of 2016 ).

3. This Order shall come into effect on 18th December 2020.

4. This Order gives effect to the proposals set out in the Schedule.

Proposals

SCHEDULE

PART I

Interpretation

In this Order: -

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

“Establishment Order” means the 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 REMUMERATION

(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;

€10.80 per hour until the new hourly rate of €11.20 applies from the 1st December 2020 or from the date of signing/effective date of Order, whichever is the later.

(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 has attained the age of 18 years but has not attained the age of 19 years shall be remunerated at an hourly rate of pay that is not less than 80 per cent of the rate specified in paragraph (1)

(c) A worker who has attained the age of 19 years but has not attained the age of 20 years shall be remunerated at an hourly rate of pay that is not less than 90 per cent of the rate specified in paragraph (1)

Section II - ANNUAL HOLIDAYS

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

(a) 4 working weeks in a leave year in which the worker 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 worker works at least 117 hours.

(c) 8% of the hours a worker 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 Sunday’s worked in the 13 weeks prior to the date of the worker’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 and the Organisation of Working Time (Determination of Pay for Holidays) Regulations, 1997 ( S.I. No.475 of 1997 ).

PART III

TERMS OF EMPLOYMENT

(1) All Employers will, not later than five days from the commencement of employment, provide workers, at least, with a written statement containing the full names of the employer and the employee; the address of the employer; the expected duration of the contract, in the case of a temporary contract, or the end date if the contract is a fixed-term contract; the rate or method of calculation of the employee’s pay and the pay reference period; the number of hours the employer reasonably expects the employee to work per normal working day and per normal working week in compliance with the Terms of Employment (Information) Act, 1994 . Such statements will also include the name of the worker’s Trade Union (where applicable).

(2) All Employers will, on request, or automatically not later than two months from the commencement of employment, provide each worker with a full written statement of the worker’s terms of employment in compliance with the Terms of Employment (Information) Act, 1994 . Where a full written statement is issued on commencement or within 5 days thereof and contains the information detailed in Sub section (1) above and the information detailed in the matrix below, this will satisfy both sub sections (1) and (2).

(3) In the event of a transfer of undertakings, the outgoing contractor will provide to all workers a written statement up to 2 weeks prior to the contract transfer date or at the earliest opportunity in a case where 30 days’ notice has not been provided by the Client.

Statements in paragraphs 2 and 3 above to include:-

Personal Details Worker Name Worker Address Worker Date of Birth PPS Number Date of commencement (including continuous service date) Email address (if applicable) Company Details (outgoing contractor) Name of Company Address of Company Pay & Benefits Hourly Rate of Pay Payroll frequency Details of any bonus/premiums to include Sunday premium, public holiday entitlement Good Friday, Shift as applicable Overtime arrangements – hours after which overtime applies, rate of pay for overtime for weekdays, weekends, Sundays as applicable Pension – Detail PRSA scheme or occupational scheme (if applicable) Sick Pay – As per ERO or occupational scheme (if applicable) Working hours Total weekly hours Starting and finishing times (variable, if applicable) 4 weeks’ notice of change of hours or payment in lieu of notice to be given to each worker Roster cycle Breaks (times & payment) as applicable Annual Leave Entitlement As applicable Any other Site specific/Worker entitlements Detail (where applicable) Trade Union Name of Trade Union (where applicable)

Annual Leave Balance in the...