Employment Rights

Dáil Éireann Debate, Wednesday - 14 September 2022

Wednesday, 14 September 2022

Questions (65)

Paul Murphy

Question:

65. Deputy Paul Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will provide an update regarding engagements between the European Union Commission and his Department relating to the mechanism for dispute resolution for European Works Councils and Irish legislation; if the Government has received legal advice on the matter; when the Government will respond to the letter of formal notice European Union Commission of 19 May 2022, which upheld a complaint taken to it by a union (details supplied) on dispute resolutions for a European Working Conditions Survey; and if he will make a statement on the matter. [44549/22]

Written answers

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Damien English)

The European Commission wrote to the Irish Government with a letter of formal notice on the 19 May 2022. Having consulted with the Attorney General’s Office, my Department responded to the Commission on the 19 July 2022.

A European Works Council (a “EWC”) is a body that facilitates information and consultation with European employees on transnational issues. EWCs are subject to the law of the Member State in which they are located. They derive from Directive 1994/45/EC (the “EWC Directive”) as transposed into Irish law by the Transnational Information and Consultation of Employees Act 1996. A recast by Directive 2009/38/EC was given effect by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011). The general provisions of the Irish Regulation follow the provisions of Directive 2009/38/EC faithfully, including providing mechanisms for dispute resolution.

My officials propose to meet with the Commission in the near future on the matter.