First published: August 2nd 2017
Last updated: October 13th 2023

A new Employment Regulation Order (ERO) amending the 2017 ERO for the Security Industry came into effect on 4 September 2023.

This ERO sets the statutory minimum rates of pay and other employment conditions for workers employed as security operatives employed by a security firm.

Some of the key issues for employers in the security sector to note are set out below…

Minimum rates of pay

The minimum rate of pay for employees is €12.90 per hour from 4 September 2023.

An unsocial hours premium of €8.40 per shift 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.

All hours worked in excess of an average 48 hours per week in a roster cycle are paid at a rate of time and a half.

Rosters

The ERO requires employers in the security sector to provide workers with written rosters setting out all hours of work for a minimum period of one week. Other than in exceptional circumstances completed rosters will be issued and made available to the worker a minimum of 3 days in advance of commencement. Rosters are subject to flexibility relating to operational and business needs.

Minimum of four hours’ pay for shifts of less than four hours

When a security guard is scheduled or called in to carry out a shift or duty comprising of less than four hours, the employer must provide a minimum of four hours’ pay.

Death in Service Benefit

A non-contributory Death in Service benefit payment, equal to one year’s basic pay, is payable to a deceased employee’s estate upon completion of the qualifying period of 6 months’ continuous service (including transfer of undertakings) with their employer, and only applies up to the age that the State Pension becomes payable to the worker.

Personal Attack Benefit

A non-contributory Personal Attack Benefit will apply, after 6 months’ service with the employer, to all workers covered by this Employment Regulation Order, who are attacked or injured in the course of their duty.

The amount payable will be as follows:

• After 6 months’ service 10 weeks’ basic pay, less Social Welfare
• After 18 months’ service 15 weeks’ basic pay, less Social Welfare
• After 30 months’ service 20 weeks’ basic pay, less Social Welfare
• After 42 months’ service 26 weeks’ basic pay, less Social Welfare

Payment is conditional on the following:

• The incident must be reported to the company within 4 hours where reasonably practicable to do so.
• Medical certificates stating the reason for absence must be submitted by the employee to the company to cover all absence from work.
• Employees must attend the company doctor for assessment when requested whilst absent due to injury.

Security sector employers must ensure that appropriate physical and psychological support is available, on request, to any worker who has been subjected to violence as a result of carrying out his/her duties.

Sick Pay Scheme Benefits

Workers in the security sector are entitled to the following sick leave benefits:

• After 18 months’ service — 3 weeks’ benefit
• After 30 months’ service — 4 weeks’ benefit
• After 42 months’ service — 5 weeks’ benefit

Benefit will be €120 per rostered week, or pro rata. Workers will retain the Social Welfare payment and it is their responsibility to apply for and collect this payment. There will be no transfer of benefit from one year to the next.

Grievance and Disciplinary Procedures

Grievance and Disciplinary hearings will be carried out in accordance with the procedures set out in the WRC Code of Practice on Grievance and Disciplinary Procedures.

Minimum Hours of Employment

Workers who enter the industry must be offered a contract of employment for a minimum of 24 hours per week after 6 months’ service.

If it is required for operational purposes that the contract hours available are less than 24 hours per week, and it is demonstrably so, then this clause will not apply and new workers may be employed for hours that are less than provided for in the ERO.

While the ERO will cover all workers including existing workers, it will not impact any current arrangements agreed by the employer/worker whereby the hours are less than those provided for in the ERO.

Bereavement Procedure

All employers are required to have a bereavement policy or procedure in place which provides for paid bereavement leave to include a minimum of one day’s pay in respect of the death of an immediate family member (parent, child, sibling, spouse, grandparent, grandchild).

Unsure about minimum rates of pay in your sector?

For instant advice on minimum rates of pay or any HR issue affecting your organisation, call a Graphite employment law expert today on 01 886 0350.