Dáil Éireann Debate, Tuesday - 10 March 2015
246. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation if he will support a matter at a factory (details supplied), regarding the TUPE issue; and if he will make a statement on the matter. [10302/15]
Amharc ar fhreagraI understand that the company in question is entering into negotiations with trade unions regarding restructuring arrangements, and it would be inappropriate for me to comment on the specifics of this particular case. Ireland’s system of industrial relations is voluntary in nature and responsibility for the resolution of industrial relations issues lies ultimately with employers and workers and their respective representatives as appropriate. However, the industrial relations bodies of the State remain available to assist parties if requested.
Ireland has a robust body of employment law, which provides comprehensive protections for employees. Irish law in the area of “transfer of undertakings” (commonly referred to as TUPE) is the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, SI No. 131 of 2003. The Regulations implement the mandatory provisions of EU Council Directive 2001/23/EC of 12 March 2001 which is aimed at safeguarding the rights of employees in the event of a transfer of an undertaking, business or part of a business to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger. In addition, section 21 of the Employees (Provision of Information and Consultation) Act 2006 transposed a further provision of the EU Transfer of Undertakings Directive relating to the information to be provided by the original employer to the new employer.
The 2003 Regulations provide that all the rights and obligations of an employer arising from a contract of employment (including terms inserted by collective agreements) other than pension rights, existing on the date of a transfer, are transferred to the new employer on the transfer of the business or part thereof.
In accordance with the Transfer of Undertaking Regulations, it would be a matter for a Rights Commissioner to determine in law if any particular case does, in fact, constitute a transfer of undertakings situation. The Workplace Relations Customer Service provides information on employees’ rights and how to obtain redress if an employee considers that their employment rights may have been infringed. It can be contacted at Lo-call:1890 80 80 90 or via its website www.workplacerelations.ie. The Single Complaint Form for submitting complaints regarding breaches of employment rights is also available at www.workplacerelations.ie.
