Irish employers are not obliged to recognise trade unions. In other words, they are not obliged to enter into agreements with, or negotiate with trade unions, in relation to their employees. In certain instances, trade unions apply to the Labour Court for a recommendation that a particular employer "recognise" the trade union. Such a recommendation of the Labour Court is of no binding effect on the employer. However, it should be noted that if employees strike (withdraw their labour) and enter into an industrial dispute, including picketing, with the employer, in relation to the employer's refusal to "recognise" their trade union, that dispute constitutes a valid trade dispute and confers certain protection on the trade union and its members under various pieces of Irish industrial legislation.
Recognition of a Trade Union may, however, on occasions be desirable or preferred by the employer. In such instances the employer may go beyond pure recognition and enter into an Agreement (known as a "Collective Agreement") with a Trade Union. By such an Agreement, the employer and the Trade Union may agree terms as to the regulation of the day-to-day working relationship. Such terms do not automatically form part of the terms and conditions of employment of those employees who are members of the Trade Union but in certain circumstances they may be incorporated.
Under Irish Constitutional Law, employees have a right to join a trade union if they wish, and at the same time a right not to join a trade union. Despite this, a requirement that an employee prior to entering into employment be a member of a particular trade union with whom the employer has a relationship, is permitted. However, once an employee is in the employment, he cannot be required either to join a trade union, or to leave a trade union.
Industrial action is defined in legislation as any action which affects or is likely to affect the terms or conditions of a contract, and which is taken by any number or body of workers as a means of compelling their employer, or to aid other workers in compelling their employer, to accept or not to accept terms or conditions of or affecting employment. Actions such as peaceful picketing and strike, in so far as they fall within this definition, are protected by legislation. Trade Unions which may be involved in the industrial action are given immunity from liability, for instance, where a breach of contract arises, provided that the actions in which they are participating are in contemplation or furtherance of the industrial action.
Picketing may take place where the employer carries on business. It may also take place at the premises of another employer who may not be a party to the dispute, provided that the picketers believe that the other employer has directly assisted their own employer.
In certain instances an employer may apply to Court for an injunction restraining a particular form of action. If action has commenced either in breach of or without a ballot of employees having been conducted, or where employees are unlawfully remaining on the employer's property, or where there is action likely to result in death or personal injuries, an employer may be able to satisfy a Court that an injunction should be granted.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Recognition of a Trade Union may, however, on occasions be desirable or preferred by the employer. In such instances the employer may go beyond pure recognition and enter into an Agreement (known as a "Collective Agreement") with a Trade Union. By such an Agreement, the employer and the Trade Union may agree terms as to the regulation of the day-to-day working relationship. Such terms do not automatically form part of the terms and conditions of employment of those employees who are members of the Trade Union but in certain circumstances they may be incorporated.
Under Irish Constitutional Law, employees have a right to join a trade union if they wish, and at the same time a right not to join a trade union. Despite this, a requirement that an employee prior to entering into employment be a member of a particular trade union with whom the employer has a relationship, is permitted. However, once an employee is in the employment, he cannot be required either to join a trade union, or to leave a trade union.
Industrial action is defined in legislation as any action which affects or is likely to affect the terms or conditions of a contract, and which is taken by any number or body of workers as a means of compelling their employer, or to aid other workers in compelling their employer, to accept or not to accept terms or conditions of or affecting employment. Actions such as peaceful picketing and strike, in so far as they fall within this definition, are protected by legislation. Trade Unions which may be involved in the industrial action are given immunity from liability, for instance, where a breach of contract arises, provided that the actions in which they are participating are in contemplation or furtherance of the industrial action.
Picketing may take place where the employer carries on business. It may also take place at the premises of another employer who may not be a party to the dispute, provided that the picketers believe that the other employer has directly assisted their own employer.
In certain instances an employer may apply to Court for an injunction restraining a particular form of action. If action has commenced either in breach of or without a ballot of employees having been conducted, or where employees are unlawfully remaining on the employer's property, or where there is action likely to result in death or personal injuries, an employer may be able to satisfy a Court that an injunction should be granted.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
