Work of the Industrial Relations Section

Grants for Trade Union Merger/Transfer of Undertakings

Grants are paid under the Trade Union Act, 1975 to help unions defray certain additional costs (e.g. administrative expenses and specified salary and pension costs) they have incurred as a result of a merger. The grants are discretionary and applications made by unions are assessed on the basis of an administrative scheme of grants and are subject to the approval of the Minister for Finance.

Guidelines on applying for a grant to defray costs associated with Trade Union amalgamations/transfer of undertakings are available here (Guidelines Document).

Granting of Trade Union Negotiation Licences

The Trade Union Act, 1941 requires any body of persons which wishes to carry on negotiations on the fixing of wages or other conditions of employment to hold a negotiation licence granted by the Minister for Jobs, Enterprise and Innovation. Once a trade union satisfied all the conditions set down in the Act for the granting of a licence (minimum membership, High Court deposit, etc.), the Minister must grant it a negotiation licence. Guidelines & Form for a Negotiation Licence – Word Document Available Here).

• Trade Union Act, 1975
• Trade Union Act, 1971
• Trade Union Act, 1952
• Trade Union Act, 1947
• Trade Union Act, 1942
• Trade Union Act, 1941

1. EU Employment, Social Policy, Health and Consumer Affairs (EPSCO) Council Co-ordination

The Industrial Relations Section co-ordinates the Irish input into the EPSCO Council at EU level. This involves co-ordinating material from this Department and from the Department of Social Protection, the Department of Education and Skills, the Department of Health, the Department of Children and Youth Affairs and the Department of Justice and Equality on issues relating to employment, social protection and inclusion. The Council meets formally three times annually and usually holds two informal meetings each year.

2. PROGRESS

PROGRESS – the European Union’s integrated programme for employment and social solidarity – was launched on 5^th December 2006. With a budget of over €628 million for 2007-2013, it supports the goals set out in the Social Agenda and contributes to the Union's wider strategy for jobs and growth. The programme funds studies, mutual learning, campaigns to raise awareness and support for key actors across five broad policy areas:

• Employment
• Social inclusion
• Working conditions
• Equality between women and men
• Tackling discrimination.

It also aims to streamline EU spending on social and employment policies while improving their visibility and coherence as a whole.

PROGRESS is intended to complement action under the European Social Fund. It finances studies, awareness-raising campaigns, exchanges of information and good practice, monitoring and evaluation exercises and networking initiatives under the five above-named areas. It underpins the “Open Method of Co-ordination” for policy exchanges between Member States in employment and social protection. PROGRESS incorporates the five above named policy areas supporting the implementation of the social policy agenda as well as a number of budget lines in relation to working conditions.

DG Employment, Social Affairs and Equal Opportunities in the European Commission is responsible for the management and direct implementation of the Community actions covered by the PROGRESS programme. PROGRESS is open to public and private bodies and relevant actors and stakeholders. It is geared towards Member States, local and regional authorities, public employment services and national statistics offices. It is open to candidate countries. Specialised bodies, universities and research institutes, as well as the social partners and non-governmental organisations will also be able to avail of the programme.

Calls for proposals and tenders in respect of PROGRESS are published through the relevant channels by the responsible DG Employment, Social Affairs and Equal Opportunities units. Details of these are given on the DG Employment, Social Affairs and Equal Opportunities tender and grants page at the following address:

http://ec.europa.eu/employment_social/emplweb/tenders/index_en.cfm

Other queries regarding tendering for funding and/or other technical enquiries relating to PROGRESS should be addressed to the contact points listed within each of the five policy headings set out hereunder.

3. Transposition of Directive 2009/38/EC

Directive 2009/38/EC of the European Parliament and of the Council on the Establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees has been transposed into Irish law by the European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011). The Regulations were signed into effect on 13 July 2011.

• Further details on Transposition of Directive 2009/38/EC

1. Employees (Provision of Information and Consultation) Act 2006

The Employees (Provision of Information and Consultation) Act 2006 (PDF, 372KB) transposes EU Directive 2002/14/EC (PDF, 52 KB). The purpose of the Act, which came into operation from 24 July 2006, is to provide for the establishment of a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings with at least 50 employees. The Act applies to:

• Undertakings with at least 150 employees from 4 September 2006

• Undertakings with at least 100 employees from 23 March 2007

• Undertakings with at least 50 employees from 23 March 2008

A copy of the Commencement Order and Regulations can be accessed here.

The Department has published an Explanatory Guide, which provides general guidance on the Act to employees and employers in non – legal language.

The Guidance Booklet complements a S.I. No 132 of 2008 Industrial Relations Act 1990 (Code Of Practice On Information And Consultation) (Declaration) Order 2008 (PDF, 126KB), which provides employers and employees with user-friendly and practical information on the provisions of the Act

The National centre for Partnership and Performance has published material relating to information and consultation – www.ncpp.ie.

Other useful information is contained in the NUIG research entitled "Organisational Change and Employee Information and Consultation".

2. European Company Statute (employee involvement aspects)

The European Company statute is a EU legal instrument that gives companies with commercial interests in more than one Member State the option of forming a European Company (or “SE”), the objective of which is to make it easier for such companies to operate across the EU.

Use of the European Company Statute framework is optional.

The employee involvement aspects of the Statute are dealt with by the Industrial Relations Section, and are set out in the “European Communities (European Public Limited – Liability Company) (Employee Involvement) Regulations 2006” - S.I No. 623 of 2006. The employee involvement Regulations transposes EU Directive 2001/86/EC (PDF, 116KB)into Irish law. S.I. No. 21 of 2007 and S.I. No.22 of 2007, dealing with the company law aspects of the Statute, are the responsibility of the Company Law Section of the Department.

3. European Cooperative Society Statute (employee involvement aspects)

The European Cooperative Society Statute is an EU legal instrument that enables the establishment of a European Cooperative Society (to be known as an “SCE”), the objective of which is to make it easier for cooperatives to operate across the EU. Use of the European Cooperative Society framework is optional.

The employee involvement aspects of the Statute are dealt with by the Industrial Relations Section, and are set out in the “European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007” - S.I No. 259 of 2007. The employee involvement Regulations transposes EU Directive 2003/72/EC (PDF, 175KB) into Irish law. A separate Regulation dealing with the company law aspects of the Statute is the responsibility of the Company Law Section of the Department.

4. Worker Participation (State Enterprises) Acts 1977 and 1988

The Industrial Relations Section monitors the implementation of the Worker Participation Acts.

The purpose of the Worker Participation (State Enterprises) Act, 1977 – No.6 of 1977, is to provide board level participation of workers in certain enterprises through the election of employees for appointment to the board of directors.

The purpose of the Worker Participation (State Enterprises) Act, 1988 – No.13 of 1988, is to facilitate the introduction of sub board participative arrangements in a broad range of State enterprise, by agreement between the enterprise and the employee interests. A number of associated Statutory instruments can be accessed on the Irish Statute website.

5. European Works Councils (Transnational Information and Consultation of Employees)

The Transnational Information and Consultation of Employees Act 1996, No. 20 of 1996, transposes EU Directive 94/45/EC into Irish law. The Act provides for the establishment of a European Works Council or a procedure in community-scale undertakings and community-scale groups of undertakings for the purposes of informing and consulting employees. Community-scale undertakings are large multi-nationals with at least 1,000 employees across the member states and with at least 150 employees in each of at least two Member States.

EU Directive 94/45/EC was extended to the UK by EU Directive 97/74/EC (PDF, 72KB) (transposed into Irish law by S.I No. 386 of 1999) and was adapted by reason of the accession of Romania and Bulgaria to the European Community by EU Directive 2006/109/EC (PDF, 168KB), transposed by S.I No. 599 of 2007.

Directive 2009/38/EC revises Directive 94/45/EC and repeals the other two Directives referred to above. It was transposed into Irish law by the European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011) (PDF, 130KB). The Regulations take effect from 13 July 2011. A restated version of the Transnational Information and Consultation of Employees Act 1996, which incorporates all changes made to date, will shortly be available.

6. Cross - Border Mergers Regulations – employee participation

The Industrial Relations Unit is responsible for the employee participation aspects of the European Communities (Cross - Border Mergers) Regulations 2008 (S.I No. 157 of 2008). The Company Law Section of the Department is responsible for the other provisions of the Regulations, which transposed EU Directive 2005/56/EC (PDF, 390KB). This Directive aims to facilitate cross-border mergers between limited liability companies in the European Union. The intention is to reduce the cost of such operations, to guarantee their legal certainty and to offer this option to the maximum number of companies.