Written answers
Tuesday, 17 October 2023
Department of Enterprise, Trade and Employment
Employment Rights
Joan Collins (Dublin South Central, Independents 4 Change)
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203. To ask the Minister for Enterprise, Trade and Employment if the intention of the overtime element of the new ERO legislation was to see security workers paid time and a half for every hour worked over 48 hours (details supplied); and if not, his plans to close this loophole that employers are now taking advantage of to avoid paying their workers time and a half rates. [44995/23]
Neale Richmond (Dublin Rathdown, Fine Gael)
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Employment Regulation Orders (ERO) are statutory instruments drawn up by a Joint Labour Committees (JLC), adopted by the Labour Court, and given statutory effect by the Minister for Enterprise, Trade and Employment. 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.
Where a person believes that their rights may have been breached, they, or a person acting on their behalf, may submit a complaint to the Director General of the Workplace Relations Commission. The Director General may, if they consider the matter to be suitable for resolution by means of mediation, refer such complaint to a Mediation Officer. Otherwise, they will refer the matter to an Adjudication Officer for adjudication.
The Adjudication Service investigates disputes, grievances and claims that individuals or small groups of workers make under the employment legislation and the equality legislation as provided in the Employment Equality Acts.
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