lrc_1996_act_20

(LRC Revised)

1 Articles / Provisions · Ireland

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LRC Revised Act

TRANSNATIONAL INFORMATION AND CONSULTATION OF EMPLOYEES ACT 1996 (LRC Revised) Open official source

Number 20 of 1996

TRANSNATIONAL INFORMATION AND CONSULTATION OF EMPLOYEES ACT 1996

REVISED

Updated to 18 January 2018

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Transnational Information and Consultation of Employees Act 1996

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Intoxicating Liquor (Amendment) Act 2018

(1/2018), enacted 31 January 2018, and all statutory instruments up to and including

European Communities (Seafarers) Regulations 2018

(S.I. No. 15 of 2018), made 18 January 2018, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

revisedacts@lawreform.ie.

Number

1996

TRANSNATIONAL INFORMATION AND CONSULTATION OF EMPLOYEES ACT 1996

REVISED

Updated to 18 January 2018

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

Short title.

Commencement.

Interpretation.

3A.

References to repealed Directives.

Workforce thresholds.

Definition of controlling and controlled undertaking.

Exemption.

Regulations.

General obligations.

PART II

Establishment of an Employee Information and Consultation Procedure or a European

Employees’ Forum or a European Works Council

Responsibility of central management.

10.

Establishment of Special Negotiating Body.

11.

Functions of Special Negotiating Body.

12.

Content of agreement.

12A.

Adaptation of agreements in event of significant structural changes.

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.

17A.

Decision of adjudication officer under

section 41

of Workplace Relations Act 2015

17B.

Decision of Labour Court on appeal from decision referred to in section 17A

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.

22A.

Relationship with other Community and national provisions.

23.

Arbitration Acts not to apply to arbitrations under

sections 20

and

FIRST SCHEDULE

Election of Employees’ Representatives

SECOND SCHEDULE

Subsidiary Requirements: European Works Council

Number

1996

TRANSNATIONAL INFORMATION AND CONSULTATION OF EMPLOYEES ACT 1996

REVISED

Updated to 18 January 2018

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. [10

th July

, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by

Finance (Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 418 of 2011), arts. 2, 3 and sch. 1, subject to transitional provisions

in arts. 5-9, in effect as per art. 1(2).

— (1) The administration and business in connection with the performance of any functions

transferred by this Order are transferred to the Department of Public Expenditure

and Reform.

(2) References to the Department of Finance contained in any Act or instrument made

thereunder and relating to the administration and business transferred by paragraph

(1) shall, on and after the commencement of this Order, be construed as references

to the Department of Public Expenditure and Reform.

— The functions conferred on the Minister for Finance by or under the provisions of

—

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

Schedule 1

Part 2

...

1922 to 2011 Enactments

...

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

No. 20 of 1996

Transnational Information and Consultation of Employees Act 1996

Sections 20(2) and 21(3)

...

Application of Act restricted and extended in different circumstances (29.05.2007)

European Communities (European Cooperative Society) (Employee Involvement) Regulations

2007

(S.I. No. 259 of 2007), reg. 24(1) and (2).

Link to other provisions.

24.

(1) Where an SCE is a Community-scale undertaking or a controlling undertaking of

a Community-scale group of undertakings within the meaning of the Transnational Information

and Consultation of Employees Act 1996 (No. 20 of 1996) (amended by the European Communities

(Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations

1999 (S.I. No. 386 of 1999)), the provisions of that Act shall not apply to it or

its subsidiaries.

(2) Notwithstanding paragraph (1), if a special negotiating body of an SCE mentioned

in that paragraph decides in accordance with Regulation 11(1) not to open negotiations

or to terminate negotiations already opened, the provisions of the Transnational Information

and Consultation of Employees Act 1996 (No. 20 of 1996) as amended by the European

Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment)

Regulations 1999 (S.I. No. 386 of 1999) shall apply to it or its subsidiaries.

Application of Act restricted and extended in different circumstances (14.12.2006)

European Communities (European Public Limited-Liability Company) (Employee Involvement)

Regulations 2006

(S.I. No. 623 of 2006), reg. 23(1) and (2).

Link to other provisions

23.

(1) Where an SE is a Community-scale undertaking or a controlling undertaking of a

Community-scale group of undertakings within the meaning of the Transnational Information

and Consultation of Employees Act 1996 (No.20 of 1996) as amended by the European

Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment)

Regulations 1999 (S.I. No. 386 of 1999), the provisions of that Act shall not apply

to it or its subsidiaries.

(2) Notwithstanding paragraph (1), in relation to an SE referred to in that paragraph,

if a special negotiating body decides in accordance with Regulation 11(1) not to open

negotiations or to terminate negotiations already opened, the provisions of the Transnational

Information and Consultation of Employees Act 1996 (No. 20 of 1996) as amended by

the European Communities (Transnational Information and Consultation of Employees

Act 1996) (Amendment) Regulations 1999 (S.I. No. 386 of 1999) shall apply.

Editorial Notes

Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by

Workplace Relations Act 2015

(16/2015), s. 2 and sch. 1 part 1 item 4, S.I. No. 338 of 2015, with the following

effects

• Authorised officers or inspectors under employment enactments deemed to be appointed

under

Workplace Relations Act 2015

(16/2015), s. 26(2) and subject to termination under s. 26(4).

• Powers of inspectors for purposes of relevant enactments defined in

Workplace Relations Act 2015

(16/2015), s. 27.

• Workplace Relations Commission, an inspector or an adjudication officer authorised

to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by

Workplace Relations Act 2015

(16/2015) s. 31(5).

• Power of Workplace Relations Commission and official body to disclose information

to each other concerning the commission of offence under relevant enactment provided

Workplace Relations Act 2015

(16/2015), s. 32.

• Power of Workplace Relations Commission and contracting authority to disclose information

to each other concerning the commission of offence under employment enactment/ relevant

enactment provided by

Workplace Relations Act 2015

(16/2015), s. 33.

• Powers of Minister to prosecute under relevant enactments transferred to Workplace

Relations Commission and references construed by

Workplace Relations Act 2015

(16/2015), s. 37.

• Functions of EAT to hear claims under employment enactments transferred to Workplace

Relations Commission and references to EAT construed by

Workplace Relations Act 2015

(16/2015) s. 66(1), (2), not commenced as of date of revision.

European Communities (Transnational Information and Consultation of Employees Act

1996) (Amendment) Regulations 1999

(S.I. No. 386 of 1999) were revoked (13.07.2010) by

European Communities (Transnational Information and Consultation of Employees Act

1996) (Amendment) Regulations 2011

(S.I. No. 380 of 2011), reg. 20(a).