Catering (excl. County Borough of Dublin and the Borough of Dun Laoghaire)

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

ERO                                  Catering (excl.County Borough of Dublin and the Borough of Dun Laoghaire)

Application

This ERO applies to all employees in catering establishments throughout the State (excluding the County Borough of Dublin and the Borough of Dun Laoghaire) provided the employee is engaged in the preparation or service of food or drink or in work incidental to either. It is necessary that the food or drink in question is or has been prepared for consumption on the actual premises.

It does not apply to managers, assistant managers and trainee managers in the catering industry or to employees covered by separate Collective Bargaining Agreements or other EROs. See ERO for detailed definitions of all categories covered.

Remuneration

Minimum Pay

Rates of minimum pay will vary depending on the type of job and an employee’s length of service.  Gratuities and tips are not included in the rates of pay.  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 time-and-a-half for all hours worked in excess of rostered hours or in excess of 78 hours per fortnight and to double time for work done on a day on which they would normally be off duty (including Sundays). This does not apply where the employee has agreed to take time off in lieu.

For hours worked in excess of rostered duty on any day, an employee is entitled to be paid time-and-a-half up to 12.00 midnight, and double time thereafter. An employee rostered for night duty between midnight and 7.00am (which is not overtime or covered by a trade union negotiated shift pay agreement) is entitled to an allowance equivalent to 25 % of his/her basic pay for hours worked during that period.

Sunday Work

Within the 78 hour fortnight every second Sunday is regarded as a day off. An employee is entitled to time plus one third for work performed on a Sunday, as part of the normal roster.

Conditions of Employment

Working hours

The normal working fortnight for full time adult employees is 78 hours over any 10 days. Employees will be made aware of their rostered duty one week in advance of its commencement. The ERO sets out different rules for the working hours for young persons.

Rest Periods

All Employees are entitled to breaks and rest periods in accordance with the Organisation of , 1997.

Holidays

Annual leave and public holiday entitlements are in accordance with the Organisation of ,1997. Employees are entitled to six weeks’ notice from employers of the time during which annual leave shall be taken.

Sick Pay Scheme

Employees are entitled to benefit from a non-contributory Sick Pay Scheme after two year’s continuous service.  The Scheme will apply to full-time staff and part-time staff on a pro rata basis.  

The benefit entitles a worker to three weeks basic pay in any calendar year, less social welfare entitlements.  There is no entitlement to payment for the first three days of any absence. The employer is to be contacted within one and a half hours of the employee’s normal starting time on the first day of absence. To benefit under the scheme, a doctor's certificate, signed by a medical practitioner, must be provided on the third day of absence specifying the nature of the illness, and weekly thereafter.

The ERO sets out certain categories of absences that are not covered under the scheme.

Miscellaneous

The ERO also provides for special conditions in relation to apprenticeship ratios (one trainee worker to every trained worker), night duty, spreadover duty and finishing times. See ERO for more details.