Dáil Éireann Debate, Wednesday - 21 November 2012
111. Deputy Colm Keaveney asked the Minister for Jobs, Enterprise and Innovation the steps he is taking to promote greater use of the Employees (Information and Consultation) Act 2006; and if he will make a statement on the matter. [51690/12]
Amharc ar fhreagraThe Employees (Provision of Information and Consultation) Act 2006 came into operation on 24 July 2006. The purpose of the Act, which implements EU Directive 2002/14/EC of the 11 March 2002, 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. It provides a general right to information and consultation for employees from their employer on matters which directly affect them.
The Act also transposes into Irish law an optional provision of EU Council Directive 2001/23/EC of 12 March 2001 dealing with the safeguarding of employees’ rights in the event of transfers of undertakings, businesses, or parts of undertakings or businesses.
The Act provides employees, in undertakings with at least 50 employees, with a general right to information and consultation from their employers. The intention behind the Act is to ensure that information and consultation is provided by employers systematically so that employees are able to acquire an informed understanding of the challenges faced by the business. The Government recognises that timely information and meaningful consultation are prerequisites for the improved adaptability of Irish workplaces, which is vital to meet the challenges created by the globalised economy.
Research both at home and abroad demonstrates the tangible benefits that effective and meaningful information and consultation arrangements can bring to both the business and the individual. In modern society, organisations are undergoing continuous change driven by a complex combination of factors. It has been shown that effective information and consultation arrangements can help organisations improve their capacity to anticipate and manage change, leading to improved organisational performance and competitiveness.
Under Section 7 of the Act either an employer can initiate negotiations or employees can request negotiations to establish information and consultation arrangements. The Act provides the maximum flexibility to employers and employees to devise arrangements which best suit their own particular circumstances. So while providing certain legal requirements, the Act allows for the Irish voluntarist tradition to be maintained. It presents an opportunity to foster and deepen customised partnership-style approaches to anticipating and managing change.
Following enactment of the legislation in 2006, my Department published an Explanatory Booklet for Employees and Employers on the Provisions of the Act. This was later complimented by a Code of Practice (S.I 132 of 2008 Industrial Relations Act 1990 (Code of Practice on Information and Consultation) (Declaration) Order 2008) which was developed by the Labour Relations Commission. Both publications can be downloaded from www.workplacerelations.ie
My Department has also provided funding to IBEC and ICTU through the Workplace Innovation Fund to raise awareness of the legislation and to provide training for their members on the operational aspects of the legislation.
