STATUTORY INSTRUMENTS.

S.I. No. 20 of 2000.

EMPLOYMENT REGULATION ORDER (SECURITY INDUSTRY JOINT LABOUR COMMITTEE), 2000.

S.I. No. 20 of 2000.

EMPLOYMENT REGULATION ORDER (SECURITY INDUSTRY JOINT LABOUR COMMITTEE), 2000.

WHEREAS the Labour Court (hereinafter called “the Court”) pursuant to the provisions of Sections 35 and 39 of the Industrial Relations Act, 1946 (hereinafter called “the Act”) and Section 45 of the Industrial Relations Act, 1990 (hereinafter called “the 1990 Act”) made the Security Industry Joint Labour Committee Establishment Order, 1998 ( S.I. No. 377 of 1998 ) establishing the Security Industry Joint Labour Committee (hereinafter called “the Committee”);

AND WHEREAS the Committee has submitted to the Court the proposals set out in the Schedule hereto for fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Committee operates;

AND WHEREAS the provisions of Section 48 of the 1990 Act have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 48 of the 1990 Act, hereby orders as follows:

(1) This Order may be cited as the Employment Regulation Order (Security Industry Joint Labour Committee), 2000.

(2) Effect is hereby given to the proposals set out in the Schedule hereto.

(3) The provisions set out in the Schedule hereto shall have effect as from 23rd March, 2000.

Note: Enquiries should be addressed to The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4. (Telephone 01 613666, Extension Nos. 6639, 6640 and 6641. “Lo-call” number (if calling from outside (01) area) 1890 220 228).

SCHEDULE

Part I

WORKERS TO WHOM THIS SCHEDULE APPLIES

Security operatives, namely persons employed to provide a security service as described hereunder for contract clients of their employer, and performing one or more of the functions set out hereunder.

Meaning of “security service”

A service of a security or suveillance nature, the purpose of which is to protect persons and property.

Primary functions of security operatives

(i) The prevention or detection of theft, loss, embezzlement, misappropriation or concealment of merchandise, money, bonds, stocks, notes or other valuables.

(ii) The prevention or detection of intrusion, unauthorised entry or activity, vandalism or trespass on private property either by physical, electronic or mechanical means.

(iii) The enforcement of rules, regulations and policies related to crime reduction.

BUT EXCLUDING

(i) Workers affected by an Employment Agreement, that is “an agreement relating to the remuneration or the conditions of employment of workers of any class, type or group made between a trade union of workers and an employer or trade union of employers or made at a meeting of a registered joint industrial council between members of the council representative of workers and members of the council representative of employers.” [Industrial Relations Act, 1990, Section 46].

(ii) Workers to whom an Employment Regulation Order made as a result of proposals received from another Joint Labour Committee applies.

(iii) Managers, assistant managers and trainee managers.

Part II

STATUTORY MINIMUM REMUNERATION AND CONDITIONS OF EMPLOYMENT

Section I

Rates of remuneration

(i) Minimum rate of remuneration per hour

(ii) Overtime

Overtime rates shall apply as follows:

Hours in excess of an average 40 hours in the roster cycle will be paid at a rate of time and a quarter for the first five hours and time and a half thereafter.

(iii) Sunday Premium

Employees who work on a Sunday shall be paid a Sunday premium of 80p per hour worked or £5, whichever is the greater.

(iv) Unsocial Hours

An unsocial hours premium of £3 per shift will be paid for hours worked between 21:00 hours and 07:00 hours, provided the worker works at least 3 hours in that period.

Section II

Conditions of employment

(i) Annual Leave

Annual leave entitlement shall be in accordance with the terms of the Organisation of Working Time Act, 1997 .

(ii) Public Holidays

Hours worked on public holidays will be paid at double time plus 8 hours.

(iii) Working Hours, Rest Periods and Breaks

The employees to whom the order refers will, pursuant to Section 4 (6) of the Organisation of Working Time Act, 1997 , be exempt by agreement from the provisions of Sections 11, 12 and 13 of the Act.

Each employer to whom this agreement applies shall ensure that each employee shall have a rest period and break which can be regarded as equivalent to those provided for in Sections 11, 12 and 13 of the Act.

(iv) Facilities

Security firms will provide, or make arrangements with clients to provide, appropriate facilities and protection to ensure the safety, health and welfare of their employees at their place of employment. Such facilities/protection shall include: protective clothing, shelter, toilet, heat, light and access to canteens or means to heat/cook food, communication equipment and first aid. The employer shall also ensure adequate monitoring procedures to ensure the safety and security of workers.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Instrument fixes, with effect from 23rd March, 2000, statutory minimum rates of remuneration and regulates statutory conditions of employment for certain workers employed in the Security Industry. It is made by the Labour Court on the recommendation of the Security Industry Joint Labour Committee.