(LRC Revised)

Number 9 of 2006

EMPLOYEES (PROVISION OF INFORMATION AND CONSULTATION) ACT 2006

REVISED

Updated to 1 February 2019

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

Employees (Provision of Information and Consultation) Act 2006

. 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

Local Government Act 2019

(1/2019), enacted 25 January 2019, and all statutory instruments up to and including

Brown Crab (Conservation Of Stocks) Regulations 2019

(S.I. No. 26 of 2019), made 1 February 2019, 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

to

revisedacts@lawreform.ie.

Number

9

of

2006

EMPLOYEES (PROVISION OF INFORMATION AND CONSULTATION) ACT 2006

REVISED

Updated to 1 February 2019

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Regulations.

3. Right of employees to information and consultation.

4. Application — workforce thresholds.

5. Calculating workforce thresholds.

6. Employees’ representative.

7. Process for establishing information and consultation arrangements.

8. Negotiated agreements.

9. Pre-existing agreements.

10. Standard rules on information and consultation.

11. Direct involvement.

12. Co-operation.

13. Protection of employees’ representatives.

14. Confidential information.

15. Dispute resolution.

16. Power of Court to administer oaths and compel witnesses.

17. Enforcement.

18. Inspectors.

19. Offences.

20. Penalties.

21. Notification obligations of transferor to transferee in the event of transfer

of an undertaking.

22. Short title and commencement.

SCHEDULE 1

Standard Rules on Information and Consultation

SCHEDULE 2

Election of Employees’ Representatives

SCHEDULE 3

Redress for Contravention of Section 13(1)

Acts Referred to

Courts Act 1981

1981, No. 11

Interpretation Act 2005

2005, No. 23

Payment of Wages Act 1991

1991, No. 25

Protection of Employment Act 1977

1977, No. 7

Trade Union Act 1941

1941, No. 22

Transnational Information and Consultation of Employees Act 1996

1996, No. 20

Unfair Dismissals Acts 1977 to 2005

Number

9

of

2006

EMPLOYEES (PROVISION OF INFORMATION AND CONSULTATION) ACT 2006

REVISED

Updated to 1 February 2019

AN ACT TO IMPLEMENT DIRECTIVE 2002/14/EC OF THE EUROPEAN PARLIAMENT

1

AND OF THE COUNCIL OF 11 MARCH 2002 BY PROVIDING FOR THE ESTABLISHMENT OF ARRANGEMENTS

FOR INFORMING AND CONSULTING EMPLOYEES IN UNDERTAKINGS, TO IMPLEMENT ARTICLE 3(2)

OF COUNCIL DIRECTIVE NO. 2001/23/EC OF 12 MARCH 2001

2

ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE SAFEGUARDING

OF EMPLOYEES’ RIGHTS IN THE EVENT OF TRANSFERS OF UNDERTAKINGS, BUSINESSES OR PARTS OF UNDERTAKINGS

OR BUSINESSES AND TO PROVIDE FOR RELATED MATTERS.

[9

th April

, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

Editorial Notes

E1

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 2 item 13, 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

by

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.

E2

Code of Practice to assist employers, employees and their representatives in implementing

provisions of Act made (29.04.2008) by

Industrial Relations Act 1990 (Code of Practice on Information and Consultation) (Declaration)

Order 2008

(S.I. No. 132 of 2008).

Annotations

Modifications (not altering text)

Editorial Notes

E1

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 2 item 13, 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

by

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.

E2

Code of Practice to assist employers, employees and their representatives in implementing

provisions of Act made (29.04.2008) by

Industrial Relations Act 1990 (Code of Practice on Information and Consultation) (Declaration)

Order 2008

(S.I. No. 132 of 2008).

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Regulations.

3. Right of employees to information and consultation.

4. Application — workforce thresholds.

5. Calculating workforce thresholds.

6. Employees’ representative.

7. Process for establishing information and consultation arrangements.

8. Negotiated agreements.

9. Pre-existing agreements.

10. Standard rules on information and consultation.

11. Direct involvement.

12. Co-operation.

13. Protection of employees’ representatives.

14. Confidential information.

15. Dispute resolution.

16. Power of Court to administer oaths and compel witnesses.

17. Enforcement.

18. Inspectors.

19. Offences.

20. Penalties.

21. Notification obligations of transferor to transferee in the event of transfer

of an undertaking.

22. Short title and commencement.

SCHEDULE 1

Standard Rules on Information and Consultation

SCHEDULE 2

Election of Employees’ Representatives

SCHEDULE 3

Redress for Contravention of Section 13(1)

Number

9

of

2006