Transnational Information and Consultation of Employees Act 1996


Number 20 of 1996


TRANSNATIONAL INFORMATION AND CONSULTATION OF EMPLOYEES ACT 1996

REVISED

Updated to 18 January 2018


This Revised Act is an administrative consolidation of the Transnational Information and Consultation of Employees Act 1996. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, and all statutory instruments up to and including European Communities (Seafarers) Regulations 2018 (S.I. No. 15 of 2018), made 18 January 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 20 of 1996


TRANSNATIONAL INFORMATION AND CONSULTATION OF EMPLOYEES ACT 1996

REVISED

Updated to 18 January 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other legislation but forms part of the body of employment legislation. It has its origins in Directive 1994/45/EC on the establishment of a European Works Council and a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees. That Directive was recast by Directive 2009/38/EC to which effect was given by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011).

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1989, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Workplace Relations Act 2015 (16/2015)

Protection of Employees (Temporary Agency Work) Act 2012 (13/2012)

Employees (Provision of Information and Consultation) Act 2006 (9/2006)

Protection of Employees (Fixed-Term Work) Act 2003 (29/2003)

All Acts up to and including Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Communities (Seafarers) Regulations 2018 (S.I. No. 15 of 2018)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011)

European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2007 (S.I. No. 599 of 2007)

European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (S.I. No. 259 of 2007)

European Communities (European Public Limited-Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006)

European Communities (Transnational Information and Consultation of Employees Act, 1996) (Amendment) Regulations 1999 (S.I. No. 386 of 1999)

Transnational Information and Consultation of Employees Act, 1996 (Commencement) Order 1996 (S.I. No. 276 of 1996)

All statutory instruments up to and including European Communities (Seafarers) Regulations 2018 (S.I. No. 15 of 2018), made 18 January 2018, were considered in the preparation of this revision.


Number 20 of 1996


TRANSNATIONAL INFORMATION AND CONSULTATION OF EMPLOYEES ACT 1996

REVISED

Updated to 18 January 2018


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

3A.

References to repealed Directives.

4.

Workforce thresholds.

5.

Definition of controlling and controlled undertaking.

6.

Exemption.

7.

Regulations.

8.

General obligations.

PART II

Establishment of an Employee Information and Consultation Procedure or a European Employees’ Forum or a European Works Council

9.

Responsibility of central management.

10.

Establishment of Special Negotiating Body.

11.

Functions of Special Negotiating Body.

12.

Content of agreement.

12A.

Adaptation of agreements in event of significant structural changes.

13.

Subsidiary requirements.

PART III

Miscellaneous

14.

Employees’ representatives representing employees employed in the State.

15.

Confidential information.

16.

Operation of information and consultation arrangements and European Works Council.

17.

Protection of employees’ representatives.

17A.

Decision of adjudication officer under section 41 of Workplace Relations Act 2015

17B.

Decision of Labour Court on appeal from decision referred to in section 17A

18.

Offences.

19.

Prosecution and penalties.

20.

Arbitration relating to confidentiality and withholding of sensitive information.

21.

Arbitration relating to disputes concerning interpretation or operation of agreements.

22.

Application.

22A.

Relationship with other Community and national provisions.

23.

Arbitration Acts not to apply to arbitrations under sections 20 and 21 .


FIRST SCHEDULE

Election of Employees’ Representatives

SECOND SCHEDULE

Subsidiary Requirements: European Works Council


Number 20 of 1996


TRANSNATIONAL INFORMATION AND CONSULTATION OF EMPLOYEES ACT 1996

REVISED

Updated to 18 January 2018


AN ACT TO IMPLEMENT DIRECTIVE NO. 94/45 EC OF 22 SEPTEMBER, 1994 OF THE COUNCIL OF THE EUROPEAN UNION BY PROVIDING FOR THE ESTABLISHMENT OF TRANSNATIONAL ARRANGEMENTS FOR THE INFORMATION AND CONSULTATION OF EMPLOYEES IN COMMUNITY-SCALE UNDERTAKINGS AND COMMUNITY-SCALE GROUPS OF UNDERTAKINGS WHERE REQUESTED IN THE MANNER PROVIDED FOR IN THIS ACT, TO PROVIDE FOR THE ESTABLISHMENT OF EUROPEAN WORKS COUNCILS IN SUCH UNDERTAKINGS OR GROUPS OF UNDERTAKINGS UNLESS AGREEMENTS ENTERED INTO IN ACCORDANCE WITH THIS ACT PROVIDE OTHERWISE, AND TO PROVIDE FOR RELATED MATTERS. [10 th July, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch. 1, subject to transitional provisions in arts. 5-9, in effect as per art. 1(2).

2.— (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3.— The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

Schedule 1

Part 2

...

1922 to 2011 Enactments

...

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 20 of 1996

Transnational Information and Consultation of Employees Act 1996

Sections 20(2) and 21(3)

...

...

...

C2

Application of Act restricted and extended in different circumstances (29.05.2007) by European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (S.I. No. 259 of 2007), reg. 24(1) and (2).

Link to other provisions.

24. (1) Where an SCE is a Community-scale undertaking or a controlling undertaking of a Community-scale group of undertakings within the meaning of the Transnational Information and Consultation of Employees Act 1996 (No. 20 of 1996) (amended by the European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 1999 (S.I. No. 386 of 1999)), the provisions of that Act shall not apply to it or its subsidiaries.

(2) Notwithstanding paragraph (1), if a special negotiating body of an SCE mentioned in that paragraph decides in accordance with Regulation 11(1) not to open negotiations or to terminate negotiations already opened, the provisions of the Transnational Information and Consultation of Employees Act 1996 (No. 20 of 1996) as amended by the European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 1999 (S.I. No. 386 of 1999) shall apply to it or its subsidiaries.

C3

Application of Act restricted and extended in different circumstances (14.12.2006) by European Communities (European Public Limited-Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006), reg. 23(1) and (2).

Link to other provisions

23. (1) Where an SE is a Community-scale undertaking or a controlling undertaking of a Community-scale group of undertakings within the meaning of the Transnational Information and Consultation of Employees Act 1996 (No.20 of 1996) as amended by the European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 1999 (S.I. No. 386 of 1999), the provisions of that Act shall not apply to it or its subsidiaries.

(2) Notwithstanding paragraph (1), in relation to an SE referred to in that paragraph, if a special negotiating body decides in accordance with Regulation 11(1) not to open negotiations or to terminate negotiations already opened, the provisions of the Transnational Information and Consultation of Employees Act 1996 (No. 20 of 1996) as amended by the European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 1999 (S.I. No. 386 of 1999) shall apply.

Editorial Notes:

E1

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 4, S.I. No. 338 of 2015, with the following effects:

• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.

E2

European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 1999 (S.I. No. 386 of 1999) were revoked (13.07.2010) by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011), reg. 20(a).