Ireland: transposition of the EWC directive

The definition of transnational does not include Recital 16 so that an issue is only considered transnational if it affects the company as a whole or at least two undertakings in at least two different countries. The definitions of information and consultation are as found in the Directive. The linkage between EWCs and national information and consultation bodies is left to the parties to EWC agreements to determine. Where EWC agreements provide “no such arrangements” then the “process of informing and consulting” shall be conducted in the EWC “as well as in the national employee representation bodies in cases where decisions likely to lead to substantial changes in work organisations or contractual relations are envisaged.” Article 10.1 of the Directive says that the EWC shall have the “means required” to fulfil the rights given to it by the Directive. Interestingly, the Regulations make it clear that “management shall provide….the means required…” without offering any suggestion as to what these “means” might constitute. EWC members are given a right to training “in so far as it is necessary for the exercise of their representative duties in a transnational setting” but the Regulations leave it to the parties to EWC agreements to determine the scope and extent of such training. The obligation to inform the European Social Partners of the establishment of an SNB and the opening of negotiations is assigned by the Regulations to the SNB. The Regulations do not appear to amend the penalties set out in the 1996 EWC legislation meaning companies found to be in breach of the provisions of the Act/Regulations will be fined. The Irish legislation does not provide for the courts to injunct companies form implementing decisions nor can the courts force them to roll-back actions already implemented.