Page 64 - Workplace Relations Guide to Employment Law

company) for reasons of insolvency, by order The Directive also requires each Member
of the High Court. State to ensure that workers posted to
its territory are guaranteed the terms and
conditions of employment in respect of those
EMPLOYEES’ REPRESENTATIVES same matters that employees are guaranteed
in that Member State under any universally
The position of the employees’
representatives is protected across a transfer. applicable collective agreement concerning
construction or related work.

INFORMATION AND CONSULTATION A “posted worker” is defined for the purposes
of the Directive as “a worker who, for a limited
Both the original and new employer are period, carries out his work in the territory
obliged to inform their respective employees’ of a Member State other than the State in
representatives of the date of the transfer, which he normally works”.
the reasons for the transfer and the legal,
social and economic implications of the
transfer. This must be done, where reasonably IRISH LAW
practicable, not later than 30 days before the Workers posted to work in Ireland from other
transfer date, and in any event in good time EU Member States have the protection of all
before the transfer is carried out (or in the Irish employment legislation in the same
case of the transferee, in good time before way as employees who have an Irish contract
the employees are directly affected by the of employment. This is by virtue of the
transfer regarding conditions of employment). Protection of Employees (Part-Time Work)
Details of any measures envisaged in relation Act 2001, section 20, which states that all
to the employees must be discussed with the employment legislation which confers rights
employees’ representatives “with a view to or entitlements on an employee applies
reaching an agreement”. Where there are no to a posted worker in the same way that it
representatives, the employers must arrange applies to any other employee and that, a
for the employees to choose representatives person, irrespective of nationality or place
for this purpose. of residence, who works in the State under
a contract of employment, has the same
rights under Irish employment protection
Rights of Posted Workers and of legislation as Irish employees.
non-national workers in Ireland As the Industrial Relations Act 1946 applies
to posted workers, all collective agreements
registered under section 27 of that Act apply
EU DIRECTIVE to posted workers.
EU Directive 96/71/EC concerning the posting
of workers in the framework of the provision
of services requires each Member State to Specific instruments conferring
ensure that a worker posted to its territory rights covered by Directive
from an undertaking in another Member
State is guaranteed the terms and conditions The enactments that regulate the rights
of employment, in respect of certain matters, that are required to be guaranteed to posted
that employees are guaranteed under the workers by Directive 96/71 /EC and that
law of that Member State. apply to a worker posted to Ireland include:

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