S.I. No. 35/2001 - Employment Regulation Order (Security Industry Joint Labour Committee), 2001

WHEREAS the Labour Court (hereinafter called “the Court”), pursuant to the provisions of Section 48 of the Industrial Relations Act, 1990 (hereinafter called “the Act”), made an Employment Regulation Order dated 27th January, 2000 ( S.I. No. 20 of 2000 ) (hereinafter called “the said Order”), fixing the statutory minimum rates of remuneration and regulating the statutory conditions of employment of workers in relation to whom the Security Industry Joint Labour Committee (hereinafter called “the Committee”) operates;

AND WHEREAS the Committee has submitted to the Court a proposal for revoking the said Order;

AND WHEREAS the Committee has also 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 Act have been complied with;

NOW, THEREFORE, the Court, in exercise of the powers conferred on it by Section 43 (4) of the Industrial Relations Act, 1946 and by Section 48 (4) of the Industrial Relations Act, 1990 , hereby Orders as follows:-

• (1) This Order may be cited as the Employment Regulation Order (Security Industry Joint Labour Committee), 2001.

• (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 1st March, 2001 and, as from that date, the said Order shall be revoked.

Published by the Stationery Office, Dublin.

Note: Enquiries should be addressed to The Secretary, Joint Labour Committees, The Labour Court, Tom Johnson House, Haddington Road, Dublin 4 (Telephone 01-6136666, Extension Nos. 6639, 6640 6641 and 6642. “Lo-call” number (if calling from outside (01) area) 1890 220 228).

SCHEDULE

PART 1

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 surveillance 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 1

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, per hour worked, as follows:

The minimum Sunday premium payable will be £5.00/€6.35.

• (iv) Unsocial hours

An unsocial hours premium 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. This will apply per shift as follows:

*Important note: the Euro (€) comes into effect from 1.1.2002*

Section 11

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 & 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 Section 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.

• (v) Death in Service Benefit

A Death in Service Benefit will come into effect on 1 January 2002. It will be equal to one year's basic pay and will apply after 6 months' service in the Company.

• (vi) Personal Attack Benefit

A Personal Attack Benefit will come into effect on 1 January 2003. It will apply, after 6 months' service in the Company, to employees attacked in the course of their duty, resulting in an injury.

The amount payable will be as follows:

• (vii) Certificate of Service

Each worker shall be entitled to receive from his employer, on request, a certificate of service showing the period of his employment and the length of his service.

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 1st March, 2001, 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.