Written answers

Thursday, 23 May 2024

Department of Enterprise, Trade and Employment

Employment Rights

Photo of Joe CareyJoe Carey (Clare, Fine Gael)
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169. To ask the Minister for Enterprise, Trade and Employment when the Employment Regulation Order in relation to security workers (details supplied) will be implemented; and if he will make a statement on the matter. [23323/24]

Photo of Emer HigginsEmer Higgins (Dublin Mid West, Fine Gael)
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On 24 August 2022, the Department of Enterprise, Trade and Employment was informed that the High Court had granted an injunction prohibiting the commencement of the proposed Statutory Instrument giving effect to the new Employment Regulation Order (ERO) for the Security Industry. As a result of the injunction, the Order could not be proceeded with at that time. On 28 July 2023, both the injunction and stay were lifted in the High Court on agreement between the parties. As a result of the decision, the Minister was then able to sign the Order.

On the 25th August 2023, the then Minister for Business Employment and Retail signed the Employment Regulation Order (ERO) for the Security Sector which came into force on 4th September 2023. The ERO provided for a wage increase to €12.90 per hour from that date. The full details of the ERO are available here: si-no-424-of-2023-employment-regulation-order-security-industry-joint-labour-committee-2023.pdf (enterprise.gov.ie)

EROs are not linked to the minimum wage. Should the minimum wage rate exceed the wage rate provided for in an ERO, then the minimum wage rate is in effect.

Joint Labour Committees (JLCs) are independent in their functions. If a JLC adopts proposals for an ERO for a sector, it will submit them to the Labour Court for consideration. The Labour Court will then make a decision on the adoption of the proposals. If the Court decides to adopt the proposals, a copy will be presented to me and, if I consider it appropriate to do so, I will make an ERO giving effect to the proposals.

I have not received a proposal from the Labour Court in relation to a new ERO for the Security Sector. Should the Labour Court submit such a proposal, I will give it due and timely consideration.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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170. To ask the Minister for Enterprise, Trade and Employment the status of plans to bring forward a new Employment Regulation Order for security officers in 2024, in light of the ongoing low wages for these workers; if he has received a proposal from the Labour Court in relation to a new ERO; and if he will make a statement on the matter. [23325/24]

Photo of Emer HigginsEmer Higgins (Dublin Mid West, Fine Gael)
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On the 25th August 2023, the then Minister for Business Employment and Retail signed the Employment Regulation Order (ERO) for the Security Sector which came into force on 4th September 2023. The ERO provided for a wage increase to €12.90 per hour from that date. The full details of the ERO are available here: si-no-424-of-2023-employment-regulation-order-security-industry-joint-labour-committee-2023.pdf (enterprise.gov.ie)

Joint Labour Committees (JLCs) are independent in their functions. If a JLC adopts proposals for an ERO for a sector, it will submit them to the Labour Court for consideration. The Labour Court will then make a decision on the adoption of the proposals. If the Court decides to adopt the proposals, a copy will be presented to me and, if I consider it appropriate to do so, I will make an ERO giving effect to the proposals.

I have not received a proposal from the Labour Court in relation to a new ERO for the Security Sector. Should the Labour Court submit such a proposal, I will give it due and timely consideration.

Photo of Pádraig O'SullivanPádraig O'Sullivan (Cork North Central, Fianna Fail)
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171. To ask the Minister for Enterprise, Trade and Employment if his Department has examined the provision of statutory bereavement leave; if so, the estimated the costs associated with this; and if he will make a statement on the matter. [18136/24]

Photo of Emer HigginsEmer Higgins (Dublin Mid West, Fine Gael)
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There is presently no general statutory entitlement in Ireland for workers for bereavement leave. An employee's entitlement to take time off in such circumstances depends on whether any such provisions exist in the employee’s contract of employment. For the majority of workers, conditions of employment, including bereavement leave provisions, are matters for negotiation between employers and employees.

In the absence of any such provisions in an employment contract, bereavement leave is normally granted at the discretion of the employer.

Ireland has a robust suite of employment rights legislation in place to protect employees, which is kept under ongoing review. There are no plans at present within my Department to introduce a statutory entitlement to Bereavement Leave. The introduction of any statutory leave requires careful and specific consideration of the subsequent impact on employment structures, costs and any potential equality issues which may arise.

More generally, it is evident that over the past two years the Government has been highly proactive in enhancing employment rights, offering additional protection, and creating better employment conditions for workers. These measures represent this Government's commitment to a fairer and more transparent workplace.

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