The Sectoral Employment Order (Construction Sector) 2023 came into effect on 18 September 2023. This sets the statutory minimum rates of pay and other conditions (sick pay and pension entitlements) for persons employed in the construction sector. Statutory Instrument No 207/2023 amends Statutory Instrument Number 598 of 2021 and both statutory instruments should be read together.
Who is covered by the SEO
There are 2 criteria which decide who is covered:
- The employer must operate in the construction sector, and
- It applies to employees who work in the sector and defines their roles into specific classes; apprentices, new entrant operatives, construction operative or craft person.
The SEO defines what activities place an employer within the construction sector and what experience and qualifications place a worker in a particular employee class.
How workers are classified
Category
| Description |
Apprentice | Workers who are registered as apprentices in accordance with the Industrial Training Act, 1967
|
New entrant operatives | Over the age of 18 and entering the sector for the first time, they remain in this class for two years after starting employment
|
Category B Worker | Skilled General Operatives-have worked in the sector for more than 2 years are classed as a Category B Worker
|
Category A Workers | Skilled General Operatives who have worked in the sector for 4 years and hold an Advanced Scaffolding Card, Banks operatives, Steel Fixers; Crane Drivers and Heavy Machine Operators are Category A Workers
|
Craftspersons | Craftspersons are qualified trade persons, such as: Bricklayers/Stone Layers; Carpenters and Joiners; Floor Layers; Glaziers; Painters; Plasterers; Stone Cutters; Wood Machinists; Slaters and Tilers |
Construction workers pay
For previous rates of pay please refer to the relevant SI's linked at the foot of this page. Further increases in pay will commence from 5th August 2024 (see SI 598 of 2021 linked at end of page).
Basic hourly rates of pay - 18th September 2023 to 04th August 2024
Category/Classification | Rate of Pay | class of worker |
Craftsperson | €21.49 per hour | Bricklayers/Stone Layers; Carpenters and Joiners; Floor Layers; Glaziers; Painters; Plasterers; Stone Cutters; Wood Machinists; Slaters and Tilers. |
Category A Worker | €20.86 per hour | Scaffolders who hold an Advanced Scaffolding Card and who have four years’ experience; Banks operatives, Steel Fixers; Crane Drivers and Heavy Machine Operators. |
Category B Worker | €19.35 per hour | Skilled General Operatives who have worked in the sector for more than 2 years. |
New Entrant Operative Workers | €15.64 per hour | To apply for 2 years to new entrant operative workers over the age of 18 years and entering the sector for the first time. |
The SEO sets the minimum hourly rates for workers, but this does not prevent an employer paying a higher rate of pay than defined in the SEO.
Apprentice Pay Rates – 18th September 2023 to 04th August 2024
Year 1
| €7.16 | 33.3% of Craft rate |
Year 2
| €10.75 | 50% of Craft rate |
Year 3
| €16.12 | 75% of Craft rate |
Year 4
| €19.34 | 90% of Craft rate |
Overtime rates
Monday to Friday from normal finishing time to midnight | time plus a half |
Monday – Friday from midnight to normal starting time | double time |
Saturday (1) First four hours from normal starting time (2) All subsequent hours till midnight | time plus a half
double time |
Sunday - all hours worked | double time |
Public Holiday - all hours worked | double time plus an additional day’s leave |
Normal Working Time
The normal working week is 39 hours worked over five days between Monday and Friday each week.
Daily working hours
Day | Monday - Thursday | Friday |
Normal Start Time | 7 am | 7 am |
Normal Finish Time | 5pm | 4pm |
Daily working hours worked between normal start and finish times | 8 consecutive hours | 7 consecutive hours |
Pensions
Every employer covered by this SEO shall be part of a pension scheme which is in line with the scheme as outlined in the order.
To include:
- Entry at age 18
- Facility for payment of a daily contribution rate @ 1/5th of the weekly rate (as specified in the scheme)
Pension Contributions
From 18th September 2023 to 04th August 2024
| Per Week | Daily Rate |
Employer | €29.78 | €5.96 |
Employee | €19.87 | €3.97 |
Total Pension contribution per worker | €49.65 | €9.93 |
Further increases in pension contribution will commence from 5th August 2024 (see SI 598 of 2021 linked at end of page).
Death in service contribution
| Per Week | Daily Rate |
Employer | €1.14 | €0.23 |
Employee | €1.14 | €0.23 |
Total death in service contribution | €2.28 | €0.46 |
Sick Pay
Every employer employing workers to whom the Order applies must have in place a sick pay scheme for each employee covered in the Order. Weekly contributions to a scheme are as follows:
| Per Week |
Employer | €1.27 |
Employee | €0.63 |
Total death in service contribution | €1.90 |
It must provide for the following benefits:
- Payment of a standard Sick pay benefit for a specified duration
- May include a waiting period
- Facilitate provision of a supplementary sick pay benefit if the claimant has no entitlement to social welfare benefit due to inadequate number of social welfare contributions.
- The maximum duration under an SEO Sick Pay Scheme should not be any lower than a period of 10 weeks in any calendar year, whether for a single claim or in aggregate in a scheme year
This list is not exhaustive. Full details are contained in the order.
Dispute Resolution
Where a dispute arises, it should be notified to the employer in writing. If the issue is not resolved individuals can take a case for adjudication to the Workplace Relations Commission and group or collective disputes can be taken to the Conciliation Service of the WRC.
This page gives a summary of the details contained in S.I. No. 598 of 2021 and S.I. 234 of 2019 and is not a legal interpretation.
S.I. No. 455 of 2017 - Sectoral Employment Order (Construction Sector) 2017
S.I. No. 234 of 2019 - Sectoral Employment Order (Construction Sector) 2019
S.I. No. 598 of 2021 - Sectoral Employment Order (Construction Sector) 2021
S.I. No. 207 of 2023 - Sectoral Employment Order (Construction Sector) 2023
The Labour Court recommendation and support submissions are available by clicking on this link.