Minister Killeen Announces Publication of Employees (Provision of Information and Consultation) Bill 2005
“Bill heralds a new era of effective, two-way information and consultation practices” - Killeen
Mr Tony Killeen TD, Minister for Labour Affairs, today (Tuesday 19th July 2005) announced the publication of the Employees (Provision of Information and Consultation) Bill 2005. The Bill establishes a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings. The new legislation transposes the EU Council Directive 2002/14/EC on Information and Consultation of Employees.
The aim of the Directive is to strengthen dialogue and promote mutual trust within undertakings. The Bill facilitates a co-operative and positive approach by individual undertakings and their employees to meeting the objectives of the Directive. It encourages parties to agree their own arrangements for providing information and consultation that are best suited to their needs.
Announcing the publication of the new legislation Minister Killeen said: “The Bill heralds a new era of effective, two-way information and consultation practices in undertakings.It is a positive step on the road to improved competitiveness and the development of a greater sense of partnership at the level of the enterprise. Fostering employee involvement generates tangible benefits for both employer and employees and can serve as a catalyst for improvements in organisational performance”.
“The Bill provides employees with a right to information and consultation without prejudicing the responsibility of management to make decisions on the operation of the undertaking. I see this Bill as being very advantageous to business and thus employment development and sustainability. Respecting the tradition of voluntarism in Irish industrial relations, this Bill provides the maximum flexibility to employers and employees to devise arrangements which best suit their own particular circumstances.”
It is expected that the Employees (Provision of Information and Consultation) Bill 2005 will be introduced in Seanad Eireann in the Autumn.
Note to Editors
The Bill provides 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 Bill will apply in accordance with the following timetable
- Undertakings with at least 150 employees from a date to be prescribed following enactment of the Bill
- Undertakings with at least 100 employees from 23 March 2007
- Undertakings with at least 50 employees from 23 March 2008
The Bill obliges employers to provide information and consultation on issues such as the probable development of the undertaking’s activities and economic situation; the structure and probable development of employment within the undertaking and any anticipatory measures envisaged; any decisions likely to lead to substantial changes in work organisation or contractual relations. Information must be given at such time, in such fashion and with such content as are appropriate to enable, in particular, employees’ representatives to conduct an adequate study and, where necessary, prepare for consultation.
At present the information and consultation rights of employees in Ireland are limited to specific situations for example collective redundancies and transfers of undertakings. This new Bill is without prejudice to those existing rights to information and consultation in Irish law as provided for by the Protection of Employment Act 1977, as amended, (collective redundancies); Transfer of Undertakings Regulations 2003; and the Transnational Information and Consultation of Employees Act 1996.
Employers have the option under the Bill of putting in place agreements before a date to be prescribed following enactment of the Bill known as ‘pre-existing agreements’ which can be tailor-made to suit the culture and circumstances of their own company. The Bill gives employees the right to request that an employer sets up an information and consultation procedure; once 10% of employees (subject to a minimum of 15 and a maximum of 100) make such a request, an employer must enter into negotiations to agree a procedure with employees. A third option is provided in the ‘Standard Rules’ of the Bill, which prescribes the procedures to be followed in setting up an Information and Consultation Forum. This Forum comprises elected employee representatives.
The Bill provides for the Labour Court to investigate disputes about the operation or interpretation of agreements. It also provides for the enforcement of Labour Court determinations by the Circuit Court.
The legislation provides for penalties of up to ¤3,000 or imprisonment for a term not exceeding 6 months or both on summary conviction for offences under the Bill and on conviction on indictment to a fine not exceeding ¤30,000 or imprisonment for a term not exceeding 3 years or both.
A copy of the Bill is available at:- http://www.oireachtas.ie/viewdoc.asp?DocID=4230
ENDS/LA 133
Last modified: 19/07/2005
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