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Employment Regulation Order Guidance: This Week’s Thursday Tip

Employment Regulation Order Guidance is this week’s Thursday Tip. With the introduction of the new ERO there has been a number of queries from early years services regarding the aspects of the new Employment Regulation Order. In response to this, Canavan Byrne have compiled a list of facts based on the information that is available to us right now. Please see below;

 

Employment Regulation Order Facts 

  • An Employment Regulation Order (ERO) sets the minimum rates of pay and conditions for workers in a specified business sector.
  • An Employment Regulation Order (ERO) is an instrument drawn up by a Joint Labour Committee (JLC), adopted by the Labour Court, and given statutory effect by the Minister for Enterprise, Trade and Employment.
  • The ERO for the Early Years Sector commenced on the 15th September 2022.
  • If current contracts of employment provide for a greater amount than the minimum set out in the ERO this higher amount must be retained.
  • Employers can decide to pay more than the minimum ERO rate.
  • Core Funding and the ERO are separate. The Order is being supported by Government’s Core Funding Scheme. This means core funding is designed to help pay for the increases set out in the ERO.
  • The ERO and Core funding have different rules that should be reviewed.
  • If you are not participating in the Core Funding Scheme you are still obliged to pay ERO rates.
  • For employees who work different roles that have different ERO rates this can be clearly outlined in the contract of employment or addendum to the contract of employment.
  • There is no requirement to issue a new contract of employment.
  • An addendum outlining the changes will suffice and should be signed by the employee and employer with the employee receiving a copy.
  • The definition of the various roles are set out in the ERO and should be examined.
  • A Graduate is minimum Level 7 and with 3 years of experience.
  • The three years of paid service may be worked before, during or after the level 7 qualification has been awarded
  • Lead Educator or Co-Ordinator (SAC) will have responsibility for the education and/or care of a group of children, leading the practice with that group of children.

Employment Regulation Order Rates of Pay

  • €13.00 for Early Years Educator/ School-Age Childcare Practitioner
  • €14.00 for Early Years Lead Educator / School-Age Childcare Coordinators
  • €15.50 Graduate Early Years Lead Educator/ School-Age Childcare Coordinators
  • €15.70 for Deputy Managers
  • €16.50 for Managers
  • €17.25 for Graduate Managers

Services are not required to issue new contracts to current employees. An Addendum will suffice. You can purchase an Addendum and Employment Contracts from our website here. If you wish to purchase an Addendum of Contract ERO you can do so here. You can also purchase our newly updated Job Discription Pack that includes the 9 new job roles under the ERO. Both packs have been created by Canavan Byrne and available to purchase on the Early Years Shop.