ERO Agricultural Workers

Application

This ERO applies to all agricultural workers in Ireland with the exception of those in the mushroom growing industry and grooms already covered by the terms of a separate REA. See ERO for detailed definitions of all categories covered.

Remuneration

Minimum Pay

Rates of minimum pay vary depending on a worker’s age and status. Full details relating to statutory minimum rates of pay for each job class are set out in the ERO.

Overtime Rates

Employees are entitled to be paid overtime after normal hours have been worked. For all days excluding Sunday, the minimum overtime rate is time-and-one-third.

For all time worked on Sundays, the minimum rate is time-and-two-thirds.

On Public Holidays, the minimum rate for normal hours is double time and for hours over normal hours, the rate is time-and-one-third multiplied by two.

Conditions of Employment

Working hours

The normal number of hours is 39 hours per week. For employees under the age of 18, the provisions of the Protection of Young Persons (Employment) Act, 1996 apply. The 39-hour week may be implemented in one of three different ways, depending on business needs:

1. A 39-hour week year round;
2. 38 hours for 6 consecutive months and 40 hours for 6 consecutive months. (Months to be agreed at local level); or
3. 36 hours for 3 consecutive months and 40 hours for 9 consecutive months. (Months to be agreed at local level).

Hours of work (including overtime) cannot exceed 48 hours per week averaged over a period of six months.

Rest Periods

Employees are not entitled to the rest periods specified in the Organisation of Working Time Act but employers must ensure that they are given equivalent compensatory rest periods and breaks available to them in accordance with the Code of Practice on Compensatory Rest Periods (S.I. 44 of 1998).

Holidays

Annual leave and public holiday entitlements are in accordance with the Organisation of Working Time Act 1997. The ‘leave year’ is from 1st April to 31st March in any year.

Sick Pay Scheme

All employees are entitled to benefit from a non-contributory Sick Pay Scheme after a minimum of one year’s service with their current employer. This is applied on a pro rata basis for part-time employees.

The scheme entitles employees to a payment of up to three weeks’ pay (less Social Welfare entitlement) in any scheme year during absences due to illness. No payment shall be made in respect of the first three days of any absence on sick leave.

Employees must produce a certificate signed by a medical practitioner by the third day of any absence (and then weekly), specifying the nature of the illness. Employees must inform their employer of their absence from work before normal starting time on the first day of absence. The entitlement does not carry over from one year to another.  For more details, see ERO.

Miscellaneous

The ERO also deals with other issues in relation to the effect on minimum rates of pay of the provision by the employer of board and lodgings, short day and cesser pay. See ERO for more details.