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Sectoral Employment Orders

Sectoral Employment Orders 

Following a request from a trade union or employers’ organisation, the Labour Court can conduct an examination of the terms and conditions relating to the remuneration and any sick pay scheme or pension scheme in relation to a particular sector of the economy.  A ‘sectoral employment order’ (SEO) may set out minimum pay rates as well as pension and sick pay schemes for an economic sector.  This is defined as a “sector of the economy concerned with a specific economic activity requiring specific qualifications, skills or knowledge”

Having considered such a request, the Labour Court can make a recommendation, or refuse to make a recommendation, to the Minister for Business, Enterprise and Innovation to make a sectoral employment order (SEO).  Where the Minister has made a sectoral employment order in relation to a class, type or group of workers in a particular economic sector, the Court cannot consider a request in relation to the same class, type or group of workers in that sector, until at least 12 months after the date of the order, unless the Court is satisfied that exceptional and compelling circumstances exist which justify consideration of an earlier request.

A Section 14 Application Form to examine the terms and conditions of an Employment Sectoral Order should be completed and sent to the Labour Court for consideration of the request.

Current SEOs

There are currently two SEO's covering rates of pay, sick pay, and pensions across the construction sector and the mechanical engineering sector that were signed into legislation following acceptance by the Minister of State at the Department of Business, Enterprise and Innovation, of recommendations from the Labour Court.

The SEOs place a legally binding floor on rates and obligations in the sectors throughout the country.

Construction Sector

With effect from 19 October 2017, the SEO has effect in the Construction Sector. The SEO applies to all Building Firms and Civil Engineering Firms as defined in the order.

The SEO makes it compulsory for Building Firms and Civil Engineering Firms to

>pay construction workers the rates of pay provided in the order and to
>provide a pension and sick pay scheme

for the categories of workers as defined in the order.

The SEO also contains a dispute resolution procedure to be utilised in the event of a dispute arising over a term in the order.

S.I. No. 455 of 2017 - Sectoral Employment Order (Construction Sector) 2017

With effect from 1 October 2019, S.I. No 234 of 2019 will have effect in the Construction Sector. The SEO applies to all Building Firms and Civil Engineering Firms as defined in the order.

S.I. No. 234 of 2019 - Sectoral Employment Order (Construction Sector) 2019

Mechanical Engineering Building Services Contracting Sector

With effect from 6 March 2018, the SEO has effect in the Mechanical Engineering Construction Sector. The SEO applies to the Building Services Contracting Sector as defined in the order.

The SEO makes it compulsory for relevant Contracting Firms to

>pay workers the rates of pay provided in the order and to
>provide a pension and sick pay scheme

for the categories of workers as defined in the order.

The SEO also contains a dispute resolution procedure to be utilised in the event of a dispute arising over a term in the order.

S.I. No. 59 of 2018 - Sectoral Employment Order (Mechanical Engineering Building Services Contracting Sector) 2018

With effect from 1 September 2019, S.I. No 251 of 2019 will have effect in the Mechanical Engineering Construction Sector. The SEO applies to the Building Services Contracting Sector as defined in the order.

S.I. No .251 of 2019 - Sectoral Employment Order (Electrical Contracting Sector) 2019