Industrial Relations
- Published on: 24 January 2025
- Last updated on: 6 February 2025
Our primary role is to foster a good industrial relations environment through an appropriate legislative framework. Areas of responsibility include industrial relations legislation, trade union matters, monitoring of industrial disputes, and legislation relating to employee involvement in the workplace (information and consultation/participation).
The system of industrial relations in Ireland is essentially voluntary in nature. There has been agreement on all sides that the terms and conditions of employment of workers is best determined by the process of voluntary collective bargaining between an employer or employers' association and one or more trade unions, without the intervention of the State. Under this process standard matters like wages or hours of work are determined and, in addition, some collective agreements lay down procedural rules which govern the conduct of industrial relations between the parties.
Over the years, however, legislation has been enacted in certain areas (such as minimum rates of pay, holidays, working hours, minimum notice, redundancy, dismissals and employment equality) laying down certain minimum standards which may be improved upon by collective bargaining but cannot be taken away or diminished.
The State's role in industrial relations in Ireland has been largely confined to facilitating the collective bargaining process through establishing by legislation, institutions (Workplace Relations Commission and Labour Court) to assist in the resolution of disputes between employers and workers.
Review of collective bargaining
A High-Level Group under the auspices of the Labour Employer Economic Forum (LEEF) was set up to review collective bargaining and the industrial relations landscape in Ireland. The Final Report of the High-Level Group was released on 5 October 2022 and is available below.
Members of High-Level Group on Collective Bargaining
Chair – Professor Michael Doherty, Maynooth University
Maeve McElwee, Ibec
Danny McCoy, Ibec
Tom Parlon, CIF
Joe Cunningham, SIPTU
Kevin Callinan, Fórsa
Patricia King, ICTU
John Shaw, Department of the Taoiseach
Professor Bill Roche, UCD
Dermot Mulligan, Department of Enterprise, Trade and Employment (from 1 January 2022)
Clare Dunne, Department of Enterprise, Trade and Employment (until 31 December 2021)
Reports
Reports of the LEEF High Level Group on Collective Bargaining
Related press releases
Publication of the Final Report of the LEEF High-Level Working Group on Collective Bargaining
Trade Union matters
We process grants for Trade Union Merger/Transfer of Engagements and grant Trade Union Negotiation Licences.
Grants for Trade Union merger/transfer of engagements
The payment of grants to help unions defray certain additional costs (for example, administrative expenses and specified salary and pension costs) incurred resulting from a merger/transfer of engagements is provided for in the Trade Union Act 1975.
The grants are discretionary and applications made by unions are assessed on the basis of an administrative scheme of grants and are subject to the approval of the Minister for Finance. The following guidelines set out how to apply for a grant.
How to apply for a grant
Trade Union negotiation licences
The Trade Union Act 1941 requires that any body of persons, apart from an excepted body as defined in the Act, wishing to carry on negotiations on the fixing of wages or other conditions of employment, must hold a negotiation licence entitling them to do so. Where a trade union makes an application for a licence and meets all the requirements set down in the Act (minimum membership, High Court deposit, etc.), the Minister will issue a licence.
How to apply for a licence
Guidelines and form for a Negotiation Licence
Industrial disputes
Industrial disputes are monitored as to emerging trends and duration of disputes. Liaison is maintained with the Workplace Relations Commission and the Labour Court on these matters.
Employee involvement legislation
Employee involvement in the workplace (information and consultation/participation)
The Industrial Relations Section of the Department is responsible for the following employee involvement legislation:
- Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (SI No 380 of 2011)
- Employees (Provision of Information and Consultation) Act 2006
The purpose of the Act, which came into operation from 24 July 2006 ( SI No 382 of 2006 Commencement Order ), is to provide for the establishment of a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings with at least 50 employees. The Act applies to:
- undertakings with at least 150 employees from 4 September 2006
- undertakings with at least 100 employees from 23 March 2007
- undertakings with at least 50 employees from 23 March 2008
The Explanatory Booklet complements SI No 132 of 2008 Industrial Relations Act 1990 (Code of Practice on Information and Consultation) (Declaration) Order 2008.
Other useful information is contained in the NUIG research entitled 'Organisational Change and Employee Information and Consultation'.
European Company Statute (employee involvement aspects)
The European Company Statute is an EU legal instrument that gives companies with commercial interests in more than one Member State the option of forming a European Company (or “SE”), the objective of which is to make it easier for such companies to operate across the EU.
Use of the European Company Statute framework is optional.
The employee involvement aspects of the Statute are dealt with by the Industrial Relations Section, and are set out in the European Communities (European Public Limited – Liability Company) (Employee Involvement) Regulations 2006 (SI No 623 of 2006). The employee involvement Regulations transposes [internal-link 318607 | EU Directive 2001/86/EC into Irish law. SI No 21 of 2007 and SI No 22 of 2007, dealing with the company law aspects of the Statute, are the responsibility of the Company Law Section of the Department.
European Cooperative Society Statute (employee involvement aspects)
The European Cooperative Society Statute is an EU legal instrument that enables the establishment of a European Cooperative Society (to be known as an “SCE”), the objective of which is to make it easier for cooperatives to operate across the EU. Use of the European Cooperative Society framework is optional.
The employee involvement aspects of the Statute are dealt with by the Industrial Relations Section, and are set out in the European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (SI No 259 of 2007). The employee involvement Regulations transposes EU Directive 2003/72/EC into Irish law. A separate Regulation dealing with the company law aspects of the Statute is the responsibility of the Company Law section of the Department.
Worker Participation (State Enterprises) Acts 1977 and 1988
We monitor the implementation of the Worker Participation Acts.
The purpose of the Worker Participation (State Enterprises) Act 1977, is to provide board level participation of workers in certain enterprises through the election of employees for appointment to the board of directors.
The purpose of the Worker Participation (State Enterprises) Act 1988, is to facilitate the introduction of sub board participative arrangements in a broad range of State enterprise, by agreement between the enterprise and the employee interests. A number of associated statutory instruments can be accessed on the Irish Statute website.
European Works Councils (Transnational Information and Consultation of Employees)
The Transnational Information and Consultation of Employees Act 1996, No. 20 of 1996, transposes EU Directive 94/45/EC into Irish law. The Act provides for the establishment of a European Works Council or a procedure in community-scale undertakings and community-scale groups of undertakings for the purposes of informing and consulting employees. Community-scale undertakings are large multi-nationals with at least 1,000 employees across the member states and with at least 150 employees in each of at least two Member States.
EU Directive 94/45/EC was extended to the UK by EU Directive 97/74/EC (transposed into Irish law by SI No 386 of 1999 ) and was adapted by reason of the accession of Romania and Bulgaria to the European Community by EU Directive 2006/109/EC, transposed by SI No 599 of 2007.
Directive 2009/38/EC revises Directive 94/45/EC and repeals the other two Directives referred to above. It was transposed into Irish law by the European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (SI No 380 of 2011). The Regulations came into effect on 13 July 2011.
Cross - Border Mergers Regulations – employee participation
The Industrial Relations Section of the Department is responsible for the employee participation aspects of the European Communities (Cross - Border Mergers) Regulations 2008 (SI No 157 of 2008). The Company Law Section of the Department is responsible for the other provisions of the Regulations, which transposed EU Directive 2005/56/EC. This Directive aims to facilitate cross-border mergers between limited liability companies in the European Union. The intention is to reduce the cost of such operations, to guarantee their legal certainty and to offer this option to the maximum number of companies.