Transnational Information and Consultation of Employees Act 1996

Workforce thresholds.

4

4. (1) In determining whether, for the purposes of the establishment of a Special Negotiating Body, an undertaking is a Community-scale undertaking or undertakings are a Community-scale group of undertakings, the number of employees employed in the undertaking or group of undertakings shall be taken to be the average number of employees, including part-time employees, employed in the undertaking or group of undertakings during the two years immediately preceding the request for the establishment of the Special Negotiating Body.

F6 [ (2) The management of every undertaking belonging to the Community-scale group of undertakings and the central management or, having regard to section 9(4), the central management referred to in section 9(3), shall be responsible for obtaining and transmitting to the parties concerned by the application of the Directive the information required for commencing the negotiations referred to in section 10, and without prejudice to the generality of the foregoing such information shall include

( a ) the information concerning the structure of the undertaking or the group and its workforce, and

( b ) the information on the number of employees referred to in the definition of Community-scale undertaking and Community-scale group of undertakings in section 3(1). ]

(3) For the purposes of this section—

F7 [ ]

part-time employees”, in relation to employment in the State, means employees—

( a) in the continuous service of an employer for not less than 13 weeks, and

( b) normally expected to work not less than eight hours each week for the employer.

Annotations:

Amendments:

F6

Substituted (13.07.2011) by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011), reg. 5(a).

F7

Deleted (13.07.2011) by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011), reg. 5(b).

Modifications (not altering text):

C4

Application of Act extended (14.07.2003) by Protection of Employees (Fixed-Term Work) Act 2003 (29/2003), s. 11(1), commenced on enactment.

Information and consultation.

11.— (1) Fixed-term employees shall be taken into account when calculating the threshold above which employees’ representatives bodies may be constituted in an undertaking in accordance with section 4 of the Transnational Information and Consultation of Employees Act 1996.

...