Employment Regulation Order Catering

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ERO                                  Catering (Dublin and Dun Laoghaire)
Effective Date                  18 May 2007
Application

This ERO applies to all employees in catering establishments in Dublin and Dun Laoghaire provided they are 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.
 
Remuneration

Minimum Pay
Rates of minimum pay will vary depending on the type of job and an employee’s length of service. For example, an adult Cook in his/her first year of training is entitled to be paid €264.63 per week, whereas a fully trained Cook is entitled to be paid €352.84 per week. A Barperson in his/her first eight months’ training is entitled to be paid €258.21 per week, whereas a fully trained Barperson is entitled to be paid €344.28 per week.

Overtime Rates
Employees are entitled to be paid time-and-a-half for all hours worked in excess of 39 hours per week 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 per cent of his/her basic pay for hours worked during that period.

Within the 78 hour fortnight, every second Sunday is regarded as a day off. All employees rostered to work on Sunday (other than overtime) are entitled to be paid time-and-a-third for rostered work.

Conditions of Employment

Working hours
The normal working fortnight for full time adult employees is 78 hours over a minimum of 8 days and a maximum of 10 days. The ERO sets out different rules for the working hours for young persons. Normally, staff will be rostered for a maximum of 10 hours per day (before overtime) but this may be extended to a maximum of 12 hours with the agreement of the employer and employee. Employees will be made aware of their rostered duty one week in advance of its commencement.

Rest Periods
All employees are entitled to breaks and rest periods in accordance with the Organisation of Working Time Act, 1997.

Holidays
Annual leave and public holiday entitlements are in accordance with the Organisation of Working Time Act,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 one year’s continuous service. 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 provides for special conditions in relation to day release training for apprenticeship courses, spread over duty and finishing times.