Tuesday, 21 June 2022
Department of Enterprise, Trade and Employment
84. To ask the Minister for Enterprise, Trade and Employment his views on the call by the European Union Commission for Ireland to ensure the effective enforcement of workers' rights under the Directive on European Works Councils; the action that he intends to take to address the shortcomings identified by the Commission; and if he will make a statement on the matter. [32251/22]
A European Works Council (a “EWC”) is a body that facilitates information and consultation with European employees on transnational issues. EWCs are subject to the law of the Member State in which they are located. They derive from Directive 1994/45/EC (the “EWC Directive”) as transposed into Irish law by the Transnational Information and Consultation of Employees Act 1996. A recast by Directive 2009/38/EC was given effect by European Communities (Transnational Information and Consultation of Employees Act 1996) (Amendment) Regulations 2011 (S.I. No. 380 of 2011).
The purpose of the recast Directive is to improve the right to information and to consultation of employees in Community-scale undertakings and Community-scale groups of undertakings. The general provisions of the Irish Regulation follow the provisions of Directive 2009/38/EC faithfully, including providing mechanisms for dispute resolution.
The European Commission wrote to the Irish Government with a letter of formal notice on the 19 May 2022. My department is engaging with the European Commission and is currently seeking legal advice from the Office of the Attorney General on the issue in the context of this engagement.