Written answers
Tuesday, 31 May 2022
Department of Children, Equality, Disability, Integration and Youth
Childcare Services
Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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499. To ask the Minister for Children, Equality, Disability, Integration and Youth when the Joint Labour committee looking into childcare wages is due to publish its report and recommendations; and if he will make a statement on the matter. [27640/22]
Roderic O'Gorman (Dublin West, Green Party)
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An Employment Regulation Order (ERO) is an instrument drawn up by a Joint Labour Committee (JLC), adopted by the Labour Court, and given statutory effect by the Minister of State for Business, Employment and Retail. The ERO fixes minimum rates of pay and conditions of employment for workers in specified business sectors: employers in those sectors are then obliged to pay wage rates and provide conditions of employment not less favourable than those prescribed. The Industrial Relations Act 1946 sets out the process for adopting an Employment Regulation Order.
I acknowledge the independent nature of the Labour Court and Joint Labour Committee (JLC) process and the hard work of its members to negotiate pay and conditions for employees in the early learning and childcare sector.
I understand that the first stage of the work of the JLC has been completed with the recent publication by the Labour Court of a recommendation for an early years educators and school-age childcare practitioner minimum pay rate of €13 per hour. A draft Employment Regulation Order (ERO) was published by the JLC on 11 May 2022 for public consultation. There is an opportunity for anyone interested to make representations to the JLC by 31 May 2022.
I also understand that the Labour Court sat recently in relation to a referral from the JLC on outstanding issues for a further ERO for other roles in early years services. The Court’s recommendation was published on 27 May.
The JLC will continue to meet and exercise its statutory functions with a view to formulating and potentially adopting proposals for one or more EROs in the sector, for subsequent consideration by the Labour Court and the Minister of State for Business, Employment and Retail.
Any pay rates that are agreed through the JLC process and are set down in an Employment Regulation Order will be minimum rates, and it will be open to employers in the sector to pay rates higher than the minimum.
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