Guide for Employers on Information and Consultation Arrangements – Apr '07

As and from 23rd March 2007, companies with 100 employees or more will be subject to the provisions of the Employees (Provision of Information and Consultation) Act, 2006. The Act provides for the establishment of a framework which sets out the minimum requirements for the right of employees to information and consultation. The Act seeks to ensure that information and consultation is available in a systematic manner, allowing employees to acquire an understanding of the challenges and future direction of the business. It also provides that employees are kept informed of any decisions which may lead to significant changes in work organisation or terms and conditions of employment.

Companies with at least 150 employees have fallen within the scope of the Act since September 2006. The final stage of the phasing in of the Act will bring companies with at least 50 employees within the scope of the Act from March 2008.

The Minister for Labour Affairs, Tony Killeen, announced the publication of an Explanatory Guide for employers and employees on the implementation of the Act. The Minister stated that the purpose of the Guide is to provide a general explanation of the Act in non-legal language, and set out the provisions in a clear and user-friendly way.

The Explanatory Guide is just one part of a strategy to ensure that employers and employees are aware of, and understand how to implement, the provisions of the Act. The Department of Enterprise, Trade and Employment, ICTU, IBEC and the National Centre for Partnership and Performance, supported by the Workplace Innovation Fund, are working together to assist employers and employees in establishing arrangements as set out in the Act. Also, the Labour Relations Commission and the Social Partners are in the process of developing a Code of Practice for implementing the Act.

Graphite has not seen major activity in the area of information and consultation, and most employers appear to be waiting for employees to request such arrangements. Graphite will be providing detailed information and guidelines on the Employees (Provision of Information and Consultation) Act, 2006, in the coming months as part of the update process for the Personnel Policies and Procedures – The Law in Perspective manual.