Transnational Information and Consultation of Employees Act, 1996

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Number 20 of 1996


TRANSNATIONAL INFORMATION AND CONSULTATION OF EMPLOYEES ACT, 1996


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

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.

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.

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.

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

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Number 20 of 1996


TRANSNATIONAL INFORMATION AND CONSULTATION OF EMPLOYEES ACT, 1996


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. [10th July, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: