Dáil Éireann Debate, Wednesday - 27 May 2020
425. Deputy Ged Nash asked the Minister for Business, Enterprise and Innovation if she will oblige those employers in receipt of Covid-19 business supports to respect Labour Court recommendations relating to trade union recognition and require the full participation of those same employers in the industrial relations infrastructure of the State; and if she will make a statement on the matter. [7487/20]
Amharc ar fhreagraIreland's system of Industrial Relations is based in voluntarism. While the right of workers to form associations and join a trade union is enshrined in Article 40 of the Irish Constitution, under Irish law there is no obligation on employers to recognise any union for the purposes of collective bargaining.
However, it has been the consistent policy of successive Irish Governments to promote collective bargaining through legislation.
The Industrial Relations (Amendment) Act 2015 which came into effect in August 2015 provides an improved framework in this area for employees’ right to engage in collective bargaining. The 2015 Act provides a clear and balanced mechanism by which the fairness of the employment conditions of workers can be assessed where collective bargaining does not take place. The Act ensures that such workers, aided by a trade union, can advance claims about remuneration and conditions of employment and have these determined by the Labour Court.
In addition to the improved framework introduced in the 2015 Act, the statutory Code of Practice on Victimisation was enhanced in October 2015 to include an explicit prohibition on the use by employers of inducements (financial or otherwise) designed specifically to have staff forego collective representation by a trade union.
