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Contract Cleaning

Contract Cleaning Sector

The Employment Regulation (Amendment) Order (Contract Cleaning Joint Labour Committee) 2020 (ERO) came into effect on the
18 December 2020.

The Employment Regulation Order (ERO) fixes the statutory minimum rates of pay and other conditions of employment for workers employed in the contract cleaning industry.

This ERO does not affect in any way already existing agreements (if equal or better) be they local, national, official, or in-company.

Nothing in this ERO shall be taken to exclude, limit or be in any way inconsistent with the rights of any worker under any statutory enactment.

Who is covered by the ERO

Workers employed by undertakings engaged in whole or in part on the provision of cleaning and janitorial services in, or on the exterior of, establishments including hospitals, offices, shops, stores, factories, apartment buildings, hotels, airports and similar establishments.

Contract cleaning worker’s pay

Basic hourly rates of pay from 18 December 2020

Age

Hourly Rate of pay

Under 18

€7.84

18 years old

€8.96

19 years old

€10.08

20 years old +

€11.20

 

Pay – additional provisions

Annual holiday pay

Where Sunday working is part of the normal week’s work, or regularly part of a roster, it will be included in Holiday Pay Payment and will be calculated on the average of Sundays worked in the 13 weeks prior to the date of the worker’s holidays.

Good Friday – Workers employed before 2nd August 2012

Such workers will be paid for Good Friday as if it was a public holiday in accordance with the provisions of Sections 21 and 22 of the Organisation of Working Time Act 1997, exclusive of any qualifying number of hours required in that Act.

Good Friday – Workers employed on or after 2nd August 2012

Good Friday is to be paid as a normal working day except for those workers who have a contractual entitlement to payment for Good Friday. These workers will continue to be paid for Good Friday as if it was a public holiday in accordance with the provisions of Sections 21 and 22 of The Organisation of Working Time Act 1997, exclusive of any qualifying number of hours required in that Act.

Public Holidays

Paid in accordance with Part III of the Organisation of Working Time Act 1997.

 

Normal Working Time (Not overtime hours)

Normal hours of work up to 40 hours worked Monday to Sunday.

Overtime

An employer has the right to reasonably request a worker to work overtime.

Overtime offered will be carried out on a voluntary basis by workers, i.e. workers can opt to carry out the work or not.

Any issues arising regarding unfair distribution of available overtime shall be raised by the worker under the Grievance procedure.

Where existing site arrangements are in place, they will remain as is unless changed by agreement.

Overtime rates shall be paid after 45 hours worked Monday to Sunday

Conditions

Rate of Pay

Monday to Saturday inclusive

Time and one half for the first four hours and double time thereafter

Sunday

Double time for all hours worked

Hours worked between 40 and 45 hours

Flat rate

 

Paying Wages

The Payment of Wages is a legal entitlement and is governed by the Payment of Wages Act 1991.

  • Wage shortages/errors should only occur as an exception.
  • Each company shall have an operational procedure in place for dealing with wage shortages and overpayments to workers. The key objective shall be to resolve the issue at the earliest opportunity. The procedure shall be communicated to all workers, and to the relevant Trade Union, where such applies.
Pay slips

Itemised pay slips to include the following information:

  • Basic Hours and rate or amount
  • Sunday hours and premium rate or amount
  • Any deductions made
  • Public Holidays
  • Holiday pay

Where a payroll system is unable to provide this breakdown, this information will be provided to the worker in writing in line with the payroll frequency cycle.

Uniforms

Each employer is to have a uniform procedure which includes details on issuing replacement items and return of uniforms at the end of employment. This procedure shall be communicated to all workers, and to the Trade Union, where such applies.

Workers are expected to take care of their uniforms and to ensure their uniforms are clean and presentable for each shift.

Uniforms – existing workers

Deductions/charges for uniforms shall cease for all existing workers in the industry.

Uniforms – New workers (excluding transfer workers)

For new workers an initial one-off charge of €15.00 will be payable by the workers towards the cost of all uniforms which will be supplied by the employer.

This payment can be made over 3 pay periods.

If a worker resigns within the first 6 months of employment a further €10.00 may be deducted by the employer from any wages due to the worker.

 

Sick Pay Scheme

The following Sick Pay Scheme will apply in each employment:

Joining the scheme

Workers may opt into the scheme at any time after their entry into employment. They may opt in or out of the scheme with effect from 1st January each year.

Qualifying illness for sick pay scheme

Only certified illness will count.

Medical Certificates

To be submitted on the 3rd day of illness and on a weekly basis after that.

Date benefit is payable

No benefit payable for the first 5 working days of illness.

Benefit Amount payable by the employer

20% of the basic weekly rate for up to 6 weeks in any one rolling year, subject to the sum of all benefits, i.e. both State and Company benefits (not including occupational injury benefit) not exceeding the individual’s personal rate of weekly pay.

Contribution by employer

There is no employer contribution.

Contribution by employee

0.5% of basic rate of pay for all workers.

 

Death-in-Service-Benefit

The following Death in Service Benefit will apply in each employment

Death in service Benefit payable

€5,000

Qualification requirement and eligibility

2 years continuous service in the cleaning industry.

Date of Commencement for qualifying existing workers

18 December 2020

Date of commencement new workers

Workers will be added in January of each subsequent year following completion of qualifying period.

Benefit payable

Up to the age the state pension becomes payable to the worker.

 

Contribution to Revenue Commissioners

On request from a worker, or his/her representative, employers will provide evidence of payment made to Revenue Commissioners and the Department of Social Protection on behalf of that worker.

Deduction of Union Dues at Source

Each employer shall, on receipt of a written request from members, deduct union dues from workers’ wages.

Terms of Employment
  1. All employers will, not later than five days from the commencement of employment, provide workers, at least, with a written statement containing:
  • the full names of the employer and the worker;
  • the address of the employer;
  • the expected duration of the contract, in the case of a temporary contract, or the end date if the contract is a fixed-term contract;
  • the rate or method of calculation of the worker’s pay and the pay reference period;
  • the number of hours the employer reasonably expects the worker to work per normal working day and per normal working week in compliance with the Terms of Employment (Information) Act, 1994.

Such statements will also include the name of the worker’s Trade Union (where applicable).

  1. All employers will, on request, or automatically not later than two months from the commencement of employment, provide each worker with a full written statement of the worker’s terms of employment in compliance with the Terms of Employment (Information) Act, 1994.

Where a full written statement is issued on commencement or within 5 days thereof and contains the information detailed in sub section (1) above and the information detailed in the matrix below, this will satisfy both sub sections (1) and (2).       

  1. In the event of a transfer of undertakings, the outgoing contractor will provide to all workers a written statement up to 2 weeks prior to the contract transfer date or at the earliest opportunity in a case where 30 days’ notice has not been provided by the client.

Statements in paragraphs 2 and 3 above to include:

Personal Details

Worker Name

Worker Address

Worker Date of Birth

PPS Number

Date of commencement (including continuous service date)

Email address (if applicable)

Company Details (outgoing contractor)

Name of company

Address of company

Pay & Benefits

Hourly Rate of Pay

Payroll frequency

Details of any bonus/premiums to include Sunday

premium, public holiday entitlement Good Friday,

Shift as applicable

Overtime arrangements — hours after which

overtime applies, rate of pay for overtime for

weekdays, weekends, Sundays as applicable

Pension — Detail PRSA scheme or occupational scheme (if applicable)

Sick Pay — As per ERO or occupational scheme (if applicable)

Working hours

Total weekly hours

Starting and finishing times (variable, if applicable)

4 weeks’ notice of change of hours or payment in lieu of notice to be given to each employee

Roster Cycle

Breaks (times & payment) as applicable

 

Annual Leave Entitlement

As applicable

 

Any other site specific/Worker entitlements

Detail (where applicable)

 

Trade Union

Name of Trade Union (where applicable)

 

 

Rosters

Completed rosters setting out all hours of work for a minimum period of one week will be made available to workers in writing. 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. Changes to shift patterns on the day to meet operational requirements will be done in consultation and agreement with the worker who will not be disadvantaged if they cannot fulfil the changed duty.

Holiday Leave Entitlement

Up-to-date holiday leave entitlement to be provided in writing when requested.  The information that will be provided is as follows:

  • No of days or hours accrued
  • No of days or hours taken
  • Balance
Annual Leave Balance in the case of a transfer

Any holiday balance is to be issued in writing by the outgoing contractor to both the incoming employer and the worker within two weeks of the final payroll, at the latest.

Maternity Leave

All female workers in the industry shall be entitled to maternity leave in accordance with the provisions of the Maternity Protection Acts, 1994 and 2004.

Each worker who avails of Maternity Leave shall have the right to return to work on the same site, and only if that is not possible, to a suitable alternative site, in accordance with the provisions (sections 26 and 27) of the 1994 Act.

Certificate of Service

Each Worker shall be entitled to request and receive from his/her employer a certificate of service showing the period of their employment and the accrued length of his/her service, once per annum. The outgoing contractor will provide to all workers a certificate of service in advance of a transfer of employment occurring.

Facilities on Site for Cleaning Operatives:

Contract Cleaning employers will make arrangements with clients to provide appropriate on-site facilities and protection to ensure the health, safety and welfare of their workers at their place of work.

Facilities to include:

  • Access to canteen facilities where such exist or appropriate facilities to consume food during their entitled breaks
  • Drinking Water
  • Secure place for personal belongings: Workers are encouraged not to bring valuable items to work and the employer cannot take responsibility for lost or missing items.
  • Access to toilet
  • Protective clothing/shoes – PPE
Communication

Correspondence to the worker including rosters, payslips, documents referred to in this ERO and other communications from the employer will be provided by the employer by email or company portal, where the worker has the facility to access email communication and web.

Workers are requested to provide an email address on request from the employer. Where the worker does not have the facility and/or is not agreeable, alternative communication methods which are suitable to and agreed with the worker, will apply.

Change of Address

Any employer so affected shall notify workers of a change of name/address at least five days before the change is due. This information will also be conveyed to the workers’ representative where appropriate. Workers have a duty to notify their employer within a reasonable time period (two weeks) of any change of address to facilitate maintenance of proper employment records.

Bullying/Harassment/Grievance/Disciplinary Procedures

Each employer will include, in the conditions of employment, details of the procedure to apply in the event of issues arising in relation to bullying/harassment, grievance and discipline.

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 2002;

S.I. No. 146 of 2000 —Industrial Relations Act 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000;

S.I. No. 208 of 2012 — Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012

Minimum Notice

Workers shall be entitled to the terms of the Minimum Notice and Terms of Employment Acts, 1973 to 2005, and these terms shall be stated in each contract of employment.

In the case of a fixed term contract (e.g. temporary job), the date of termination of the contract will be stated in accordance with the provisions of the Protection of Workers (Fixed Term Work) Act, 2003.

Dismissal

In the event of a dismissal, the procedures will include the warning stages to apply prior to dismissal and will make reference to verbal and written warnings and to the fact that, depending on the nature of the misconduct/performance, the preliminary stages of the procedures may be bypassed.

All internal company procedures and appeals to be exhausted in the first instance in line with the Code of Practice SI. 146 of 2000.

The procedures will state that a worker may be represented, at any stage of the disciplinary procedure, by a colleague or Trade Union Official of his/her choice.  A worker may wish to challenge a dismissal to the Workplace Relations Commission, the Labour Court, or may pursue the matter under common law.

Representation Rights

Each employment contract shall include the name of the recognised Trade Union with representation and or negotiation rights in the company where appropriate.

Protection of Employment

Employers in the industry will give all reasonable notice of impending redundancies to the workers concerned in accordance with the legislation, i.e. Protection of Employment Act 1977 (Notification of Proposed Collective Redundancies) Regulation 1977, Redundancy Payments Acts 1967 to 2014 and the Minimum Notice and Terms of Employment Acts 1973 to 2005.

Disclosure of Information

Employers will provide information on the date of termination of any client contract which has been signed and, where the date of termination changes, the worker will be advised of such change. A workers’ representative, nominated by the Trade Union shall also be advised, where such applies.

Employers will give the information where reasonably practicable, not later than 30 days before the transfer of the employment contract is carried out and, in any event, in good time before the transfer is carried out.

This webpage provides a summary of the details contained in S.I. No. 608 of 2020 Employment Regulation (Amendment) Order (Contract Cleaning Joint Labour Committee) 2020 and is not a legal interpretation.