The Employment Regulation Order (Security Industry Joint Labour Committee) 2017 (S.I. 231 of 2017) is effective since 1st June 2017. The initial Security ERO came into effect on 1^st October 2015. The new ERO has brought a number of changes that all employers in the security industry should be aware of.

Changes in the ERO:

Hourly Rate

Previously there was a flat minimum of €10.75 per hour. The old rate will be increased by 8% on a phased basis. It is important to note that the first increase took place on the 1^st June 2017 and increased the minimum wage to €11.05 per hour.

The following increases are due to take place on a phased basis:

• 30c to €11.35 per hour from 1^st June 2018;
• 30c to €11.65 per hour from 1^st June 2019.

Minimum Hours

The updated ERO promises new workers minimum weekly working hours. It states the rule only applies to new workers and will not have any impact on the existing agreement with current employees.

• The ERO states that “[w]orkers who enter the industry will be offered a contract of employment with a minimum of 24 hours per week after 6 months’ service”.
• Furthermore, the ERO goes on to state that, in respect of new workers, “If it is required for operational purposes that the contract hours available are less than 24 hours per week, and it is demonstrably so, then this clause will not apply and new workers may be employed for hours that are less than provided for in the ERO.”

Minimum Day Rate

Aside from minimum hours and hourly rates, the ERO states that “[w]hen a security worker is called in to carry out a Shift/ Duty comprising of less than four hours, this will attract a minimum of four hours’ pay.”

Bereavement Leave

This new policy will mean that every employer must have a bereavement policy which guarantees at least one paid day off in respect of certain family members:

• “All employers are required to have a bereavement policy or procedure in place which provides for paid bereavement leave to include a minimum of one day’s pay in respect of the death of an immediate family member (parent, child, sibling, spouse, grandparent, grandchild)”

Sick Pay

An employee will now need less service in order to be entitled to sick pay. The length of service threshold has been reduced by 6 months at all stages of the policy. Employees will now be entitled to the following sick pay;

• After 18 months’ service – 3 weeks’ benefit
• After 30 months’ service – 4 weeks’ benefit
• After 42 months’ service – 5 weeks’ benefit

TUPE

Where a TUPE transfer takes place, the ERO sets out that the outgoing contractor must provide the workers with specific information on their terms and conditions in advance of the date of transfer.

Trade Unions

The ERO sets out an employer’s obligation to include the name of the recognised Trade Union with representation/organisation rights in employees contract of employment.

If you have any questions regarding the Security ERO please contact the advice line on 01 886 0350