Page 66 - Workplace Relations Guide to Employment Law

another person in exchange for a payment Elections for worker directors, which are
would strongly suggest the existence of a by secret ballot, are held every 4 years.
contractual relationship. Employees of at least 18 years of age, who
have one year’s continuous service with the
The Industrial Relations Act 1990 (Code of enterprise, are eligible to vote at worker
Practice for Protecting Persons Employed in director elections.
Other People’s Homes) (Declaration) Order
2007 introduced a code of practice setting Nominees for election must be employees
out the current employment rights and between 18 and 65 years of age with at
protections for persons employed in other least 3 years’ continuous service. Trade
people’s homes and to provide unions and other bodies that are recognised
for collective bargaining negotiations may
4 for the obligation to provide a written nominate candidates for election.
statement of terms and conditions of
employment as required under the The 1988 Act provides for the introduction
Terms of Employment (Information) of sub-board participative arrangements in
Acts, detailing hours, rates, duties, 35 State enterprises. Sub-board arrangement
breaks, leave entitlements, treatment scan be set up following application by a
of travel time etc; trade union or unions or at the request of a
majority of the employees of the enterprise.
4 for the safeguarding of privacy;
Provision is made for the drawing up of an
4 that the employer will not keep any agreement between the State enterprise
personal document belonging to an and its employees concerning the specific
employee; arrangements to be introduced. The
legislation is not prescriptive in relation to
4 for the treatment of accommodation the nature of the arrangements introduced,
and making of any deductions;
but does provide that these must include the
4 that all additional duties will be by following essential features:
prior agreement only and out-of-
pocket expenses will be reimbursed (i) a regular exchange of views and
promptly; information between management
and employees concerning matters
4 that the employer will facilitate the which are specified in the agreement;
employee in the free exercise of
personal pursuits; and (ii) the giving in good time by
management to employees of
4 that the employer will not restrict information about certain decisions
the employee’s right to trade union which are liable to have a significant
membership.
effect on employees interests;
(iii) dissemination to all employees of
information and views arising from
Worker Participation the participative arrangements.

The Worker Participation (State Enterprises)
Acts 1977 to 2001, provide for employee
participation at board and sub-board level in
certain State enterprises.

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