Essential points

  • Irish law provides for freedom of association and freedom of dissociation. 
  • Freedom of association means employees have a right to form and join trade unions. 
  • Freedom of dissociation means that employers are not obliged to negotiate with trade unions.
  • Many employers voluntarily choose to negotiate with trade unions. 
  • Some employers choose not to do so. Such non-union employers can, in certain circumstances, be required to apply terms and conditions of employment to their employees that are set by the Labour Court in collective agreements.
  • In theory, employees who engage in strike action are in fundamental breach of their contracts of employment. However, a range of protections have been provided to employees and their unions in respect of certain aspects relating to strikes picketing and industrial action. 
  • Many of these protections require employees and/or unions to comply with certain obligations in respect of ballots, notification and so on.

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Please note

While every care has been taken in compiling this content, neither the CIPD nor Byrne Wallace Shields may be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice.

 

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