The Order was announced by Pat Breen, Minister of State at the Department of Jobs, Enterprise and Innovation, on 1st November, with implementation 55 days from this date.
This new ERO (legislated for via S.I. No. 548 of 2016) will provide for 10.41% of phased pay increases, in addition to variations to employees terms and conditions.
The new rates of pay will see the current hourly rate of €9.75 raise to:
26th December 2016 €10.05 an increase of 30c the equivalent of 3.08%
1st December 2017 €10.40 an increase of 35c the equivalent of 3.48%
1st December 2018 €10.80 an increase of 40c the equivalent of 3.85%
The key additions and variation to this new ERO are:
Current charges and deductions for uniforms for existing employees will cease with effect from 27th October 2016 the date the Minister signed the order.
On the same date, new employees to the industry will be charged an initial €15 which is a once off charge and can be deducted over three pay periods. In the event the employee resigns within the first six months, a further €10 can be deducted by the employer. A specific uniform procedure must be put in place and communicated to all employees, providing details on uniform replacements and returns on termination of employment.
Payment of Wages
Employers are required to have procedures in place to deal with wage shortages and overpayments to employees with a view to resolving these issues promptly. The procedure once again must be communicated to employees and where relevant their Trade Union.
Terms of Employment
Along with their legal entitlement to a written statement of terms and conditions, should a transfer of undertakings occur, the outgoing employer must provide all employees with a written statement of their terms of employment two weeks prior to the transfer date or as early as possible in a situation where the 30 days’ notice has not been provided by the client.
The outgoing employer must provide all employees with a certificate of service in advance of the transfer occurring. They must also provide to the employee and the new employer the annual leave balance within two weeks of the final payroll.
Other than in exceptional circumstances, completed rosters must be issued and available to employees a minimum of 3 days prior to commencement. The completed rosters will set out in writing all hours of work for a minimum period of a week. In the event of the need to change a shift pattern on the day due to operational issues, an employee must be consulted and agree to the change and they will be not disadvantaged if they cannot change their shift.
Correspondence regarding payslips, rosters and other documents must be provided by email or the company portal to employees, where the employee has access to these facilities. Employees will be required to provide an email address when requested. In the event the employee does not have email or internet access or is not agreeable, a suitable alternative communication method, with the employee’s agreement will apply.
The contract cleaning sector employs thousands of workers and the new ERO was negotiated by the sector Joint Labour Committee (JLC). The JLC is made up of representatives from the Services Division of SIPTU and Ibec’s Irish Contract Cleaning Association.
Tuesday, 29 November 2016