Collective Bargaining

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Collective Bargaining Solicitors Dublin

Generally speaking, Collective Bargaining refers to industrial relations negotiations around pay and other terms and conditions.

Irish employers unlike other European countries are not required to engage with trade unions for the purposes of negotiating pay and conditions of employment however the legislature has tried to encourage employers to engage in collective bargaining through the Industrial Relations (Amendment) Act 2015. In essence this means that, in certain circumstances, the Labour Court can make a binding determination in relation to employee pay and conditions in favour of a trade union on behalf of those of its members employed in a non-unionised company.

The 2015 Act also introduces a new definition of collective bargaining, which comprises voluntary engagements or negotiations by an employer with either (1) a trade union of workers; or (2) an “excepted body. It should be stressed also that any negotiations must have the object of reaching an agreement on wages or other terms and conditions of employment.

Whilst the Act does not require an employer to recognize trade unions or to engage with them, it does however have an impact on non-unionized employers who simply cannot ignore trade union pressure. The Act doesn’t affect employers who already engage in collective bargaining with trade unions or an “excepted body”.

Tully Rinckey employment law solicitors Dublin can help non-unionised employers better understand how collective bargaining could affect their business and also advise unionized employers in respect of the everyday challenges presented to them.

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