EMPLOYEES (PROVISION OF INFORMATION AND CONSULTATION) ACT 2006


Number 9 of 2006


EMPLOYEES (PROVISION OF INFORMATION AND CONSULTATION) ACT 2006

REVISED

Updated to 1 October 2015


This Revised Act is an administrative consolidation of the Employees (Provision of Information and Consultation) Act 2006. 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 Urban Regeneration and Housing Act 2015 (33/2015), enacted 28 July 2015, and all statutory instruments up to and including European Union (Parallel Import of Plant Protection Product) Regulations 2015 (S.I. No. 425 of 2015), made 1 October 2015, 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 9 of 2006


EMPLOYEES (PROVISION OF INFORMATION AND CONSULTATION) ACT 2006

REVISED

Updated to 1 October 2015


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 2002/14/EC, which provides for the establishment of arrangements for informing and consulting employees in undertakings.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1999, 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)

All Acts up to and including Urban Regeneration and Housing Act 2015 (33/2015), enacted 28 July 2015, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Industrial Relations Act 1990 (Code of Practice on Information and Consultation) (Declaration) Order 2008 (S.I. No. 132 of 2008)

Employees (Provision of Information and Consultation) Act 2006 (Prescribed Dates) Regulations 2006 (S.I. No. 383 of 2006)

Employees (Provision of Information and Consultation) Act 2006 (Commencement) Order 2006 (S.I. No. 382 of 2006)

All statutory instruments up to and including European Union (Parallel Import of Plant Protection Product) Regulations 2015 (S.I. No. 425 of 2015), made 1 October 2015, were considered in the preparation of this revision.


Number 9 of 2006


EMPLOYEES (PROVISION OF INFORMATION AND CONSULTATION) ACT 2006

REVISED

Updated to 1 October 2015



Acts Referred to

Courts Act 1981

1981, No. 11

Interpretation Act 2005

2005, No. 23

Payment of Wages Act 1991

1991, No. 25

Protection of Employment Act 1977

1977, No. 7

Trade Union Act 1941

1941, No. 22

Transnational Information and Consultation of Employees Act 1996

1996, No. 20

Unfair Dismissals Acts 1977 to 2005


Number 9 of 2006


EMPLOYEES (PROVISION OF INFORMATION AND CONSULTATION) ACT 2006

REVISED

Updated to 1 October 2015


AN ACT TO IMPLEMENT DIRECTIVE 2002/14/EC OF THE EUROPEAN PARLIAMENT 1 AND OF THE COUNCIL OF 11 MARCH 2002 BY PROVIDING FOR THE ESTABLISHMENT OF ARRANGEMENTS FOR INFORMING AND CONSULTING EMPLOYEES IN UNDERTAKINGS, TO IMPLEMENT ARTICLE 3(2) OF COUNCIL DIRECTIVE NO. 2001/23/EC OF 12 MARCH 2001 2 ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE SAFEGUARDING OF EMPLOYEES’ RIGHTS IN THE EVENT OF TRANSFERS OF UNDERTAKINGS, BUSINESSES OR PARTS OF UNDERTAKINGS OR BUSINESSES AND TO PROVIDE FOR RELATED MATTERS.

[9 th April, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

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 2 item 13, 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

Code of Practice to assist employers, employees and their representatives in implementing provisions of Act made (29.04.2008) by Industrial Relations Act 1990 (Code of Practice on Information and Consultation) (Declaration) Order 2008 (S.I. No. 132 of 2008).