ERO Retail Grocery

Implications of the High Court Decision Delivered on July 7th 2011 in Relation to Employment Regulation Orders (EROs).

Application

This ERO applies to all employees in any undertaking or branch or department that is engaged wholly or mainly in the retail grocery and allied trades, whether this involves work about the shop or retail premises or clerical or other office work carried out in conjunction with it.

It does not apply to managers, assistant managers and trainee managers or to employees covered by separate Collective Bargaining Agreements, other ERO or to whom a more favourable REA applies. It also excludes independent off-licences and shops established exclusively for the sale of bread and flour confectionery and beef butchers. See ERO for detailed definitions of all categories covered.

Remuneration

Minimum Pay

Rates of minimum pay vary depending on job type and length of service. Full details relating to statutory minimum rates of pay for each job class are set out in the ERO.

Overtime Rates

Employees who work in excess of 8 hours per day or 39 hours per week, qualify for overtime rates (or time off in lieu by agreement). For overtime worked up to midnight from Monday to Saturday, employees are entitled to time-and-a-half and to double time from midnight to 7.00am. For Sunday overtime and work on a public holiday as overtime, employees are entitled to double time.

Unsocial Hours

Employees are entitled to an unsocial hours (time worked as part of the roster) premium of time-and-one-quarter for work from midnight to 7.00am and of time-and-one-third on Sundays.

Conditions of Employment

Working hours

The normal number of working hours is 39 hours per week.  In relation to workers under the age of 18, the provisions of the Protection of Young Persons (Employment) Act, 1996 shall apply.

Any change in normal rostered hours will be notified one week in advance.

Rest Periods

No worker shall be required to work continuously for more than a period of four and a half hours without a break of at least 15 minutes, exclusive of the main meal breaks.

Employees whose hours of work include the hours from 11.30am to 2.30pm are entitled to a break of at least one hour, in accordance with provisions of S.I. No. 57/1998 Organisation of Working Time (Breaks At Work For Shop Employees) Regulations, 1998, where they are required by their employer to work for a period of 6 hours or more.  In relation to workers under the age of 18, the provisions of the Protection of Young Persons (Employment) Act, 1996 shall apply.

Holidays

Annual leave and public holiday entitlements are in accordance with the Organisation of Working Time Act, 1997

Sick Pay Scheme

 Employees with two years’ continuous service are eligible to benefit under a non-contributory Sick Pay Scheme  (three weeks’ pay less social welfare).The Scheme will apply to full-time workers and part-time workers on a pro rata basis with the exception of ancillary workers in either category.

No payment will be made for the first three days of any absence.  The employer must be contacted within one and a half hours of the employee’s normal starting time on the first day of absence. A doctor's certificate, signed by a medical practitioner, is required on the third day of absence specifying the nature of the illness (and weekly thereafter).

The scheme will not cover absences relating to traffic accidents, substance abuse, dangerous sports or injuries sustained while working for another employer.

Miscellaneous

The ERO also provides for special conditions in relation to certificates of service. See ERO for more details.