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S.I. No. 296/2024 - Employment Regulation (Amendment) Order (Early Years’ Service Joint Labour Committee) Order No. 1 2024

S.I. No. 296/2024 - Employment Regulation (Amendment) Order (Early Years’ Service Joint Labour Committee) Order No. 1 2024 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 2024 S.I. No. 296/2024 - Employment Regulation (Amendment) Order (Early Years’ Service Joint Labour Committee) Order No. 1 2024 S.I. No. 296/2024 - Employment Regulation (Amendment) Order (Early Years’ Service Joint Labour Committee) Order No. 1 2024 AmendmentsLeasuithe Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 21st June, 2024. WHEREAS I, EMER HIGGINS, Minister of State at the Department of Enterprise, Trade and Employment, being in receipt of proposals of the Contract Cleaning Industry Joint Labour Committee that have been adopted by the Labour Court and forwarded to me under subsection

(1)of section 42C (inserted by section 12 of the Industrial Relations (Amendment) Act 2012 (No.32 of 2012)) of the Industrial Relations Act 1946 (No. 26 of 1946) and being satisfied that sections 42A and 42B of that Act have been complied with and considering it appropriate to do so: NOW, I, EMER HIGGINS, in exercise of the powers conferred on me by subsection
(2)of section 42C (inserted by section 12 of the Industrial Relations (Amendment) Act 2012 (No. 32 of 2012)) of the Industrial Relations Act 1946 (No. 26 of 1946) (as adapted by the Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 519 of 2020 ) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2024 ( S.I. No. 165 of 2024 ) hereby make the following order:
  1. This Order may be cited as the Employment Regulation (Amendment) Order (Early Years’ Service Joint Labour Committee) Order No. 1
  3. This Order amends SI 457 of 2022 Employment Regulation Order (Early Years’ Service Joint Labour Committee) No. 1
  5. This Order shall come into effect from the 24th June,
  7. This Order gives effect to the proposals set out in the Schedule. [Proposed Amended Minimum Rates of Pay for an Employment Regulation Order for Early Years Educators as adopted by the Early Years’ Joint Labour Committee on 11 March
  8. This proposal seeks to amend SI 457/22.] PART I Interpretation In this Order: - “Act of 2000” means the National Minimum Wage Act 2000 (Number 5 of 2000). “Establishment Order” means the S.I. No. 292/2021 – Early Years’ Service Joint Labour Committee Establishment, Order
  9. “Minister” means the Minister for Enterprise, Trade and Employment. A word or expression that is used in this Order, which is also used in the Establishment Order has, unless the contrary intention appears, the meaning in this Order that it has in the Establishment Order. Workers to Whom this Order Applies This Order applies to Early Years Educators and School Age Childcare (SAC) Practitioners. Early Years Educators and SAC Practitioners are workers who are wholly or mainly in direct contact with children and who are involved in the education and/or care of children. PART II STATUTORY MINIMUM REMUNERATION AND CONDITIONS OF EMPLOYMENT All provisions of Employment Regulation Order (Early Years’ Service Joint Labour Committee) 2022 [S.I. 457 of 2022] will remain in force up to the date of signature of this Order, which will become effective from the date of signature by the Minister. SECTION I – RATE OF REMUNERATION
(1)Subject to paragraph
(2)of this Section a worker to whom this Order applies shall be remunerated by his or her employer at the following hourly rate in respect of all working hours to include contact and non-contact hours; Early Years Educators and School Age Childcare (SAC) Practitioners - €13.65 per hour from the date of this order.
(2)(a) A worker who has not attained the age of 18 years shall be remunerated at an hourly rate of pay that is not less than 70 per cent of the rate specified in paragraph
(1)(b) A worker who has attained the age of 18 years but has not attained the age of 19 years shall be remunerated at an hourly rate of pay that is not less than 80 per cent of the rate specified in paragraph
(1)(c) A worker who has attained the age of 19 but has not attained the age of 20 years shall be remunerated at an hourly rate of pay that is not less than 90 per cent of the rate specified in paragraph
(1)PART III Other Terms and Conditions of Employment The following enactments set out the minimum statutory terms and conditions applicable. TERMS OF EMPLOYMENT The Terms of Employment (Information) Act, 1994 . The Organisation of Working Time Act, 1997 . The Maternity Protection Acts, 1994 and
  1. The Protection of Workers (Fixed Term Work) Act,
  2. The Payment of Wages Act, 1991 . The Protection of Employment Act 1977 (Notification of Proposed Collective Redundancies) Regulation
  3. The Redundancy Payments Acts 1967 to
  4. The Minimum Notice and Terms of Employment Acts 1973 to
  5. Bullying / Harassment / Grievance / Disciplinary Procedures In this regard, the following Codes of Practice are to be observed: S.I. No. 17 of 2002 — Industrial Relations Act 1990 (Code of Practice Detailing Procedures for Addressing Bullying in the Workplace) (Declaration) Order
  6. S.I. No. 146 of 2000 —Industrial Relations Act 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order
  7. S.I. No. 208 of 2012 — Employment Equality Act 1998 (Code of Practice) (Harassment) Order
  8. S.I. No. 159/2021 - Workplace Relations Act 2015 (Workplace Relations Commission Code of Practice on the Right to Disconnect) Order
  9. S.I. No. 169/1993 - Industrial Relations Act, 1990, Code of Practice on Employee Representatives (Declaration) Order,
  10. S.I. No. 463/2015 - Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order
  11. S.I. No. 674/2020 - Industrial Relations Act 1990 (Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work) Order
  12. Existing Contracts and Agreements Existing employment contracts remain valid except in circumstances where the remuneration or terms and conditions are below what is set out in this Employment Regulation Order. This ERO sets out the minimum remuneration and terms and conditions which are applicable to Early Years Educators and School Age Childcare Practitioners in the early years sector. It is at the discretion of employers and employees to negotiate and enter into contracts providing for Terms and Conditions which are higher than those set out in this ERO. This ERO does not affect in any way already existing contracts and agreements (if equal or better) be they local, national, official, or in-company. Sick Pay Sick pay arrangements should be in line with statutory provisions. GIVEN under my hand, 13 June 2024 EMER HIGGINS, Minister of State at the Department of Enterprise, Trade and Employment. EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) This Order fixes the statutory minimum rates of remuneration and other conditions of employment for the category of workers entitled Early Years Educators and School Age Childcare (SAC) Practitioners Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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