Transnational Information and Consultation of Employees Act, 1996

Workforce thresholds.

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.

(2) The central management shall, on being so requested by an employees' representative, give to that representative such information about the numbers and status of employees employed in an undertaking or undertakings as is reasonably necessary to enable the numbers referred to in subsection (1) to be assessed.

(3) For the purposes of this section—

“employees' representatives” includes those employees' representatives already recognised by the undertaking or group of undertakings for collective bargaining or information and consultation purposes;

“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.