Paul Murphy
Question:273. Deputy Paul Murphy asked the Minister for Enterprise, Trade and Employment whether he agrees with the asks of a campaign (details supplied). [21630/24]
View answerTuesday, 14 May 2024
Questions (273)
Written answers
The Government fully supports the right of any worker to join and be active in their trade union. Employees have the right under the Constitution to form associations and trade unions. Under Irish legislation, an employee cannot be discriminated against or dismissed because they are a member of a trade union.
The Unfair Dismissal Acts provide for a number of grounds under which a dismissal may be considered unfair, including membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours. Where an employee has been unfairly dismissed, an adjudication officer and, on appeal, the Labour Court may make an order for the reinstatement, re-engagement or awarding of compensation to the employee.
The Workplace Relations Commission’s Code of Practice on Victimisation refers to victimisation arising from an employee’s membership or non-membership, activity or non-activity on behalf of a trade union. It applies to situations where there are no negotiating arrangements and where collective bargaining has not taken place. A complaint under the Code may be made to the Workplace Relations Commission.
Any further changes to industrial relations laws governing trade union organisation in the workplace will take place in the context of the implementation of the LEEF High-Level Working Group Report on Collective Bargaining and Ireland’s implementation of the collective bargaining elements of the EU Directive on Adequate Minimum Wages.
The EU Directive on Adequate Minimum Wages includes two key areas: Minimum Wages, and Collective Bargaining. The Directive requires Ireland to develop an action plan to enhance collective bargaining coverage by the end of 2025.
The Directive must be transposed into Irish law by 15th November 2024. My Department has received legal advice on the minimum wage elements of the Directive that Ireland’s current minimum wage setting framework, namely the Low Pay Commission, is largely already in compliance with the provisions of the Directive. My Department has also requested legal advice as to whether any legislative change is required in order to transpose Article 4 on collective bargaining.
A technical working group has been established with the social partners to progress Ireland’s implementation of the Directive in relation to collective bargaining and the development of the action plan. This group will examine both legislative and administrative proposals for inclusion in the action plan.