The Gazette 1982

JULY/AUGUST 1982

GAZETTE

Information and Consultation Procedures in Irish Law. Under Irish law companies are not obliged to disclose information to any great extent to employees. The latter are of course entitled to see those documents of the company available for public inspection in the Companies Office. The Fourth Council Directive of 25 July 1978 on the Annual Accounts of Certain Types of Companies 6 , the provisions ofwhich must be fully operational in Irish law by 15 February 1982, require all limited companies (subject to a few exceptions), whether public or private, to publish their Annual Accounts and the Auditors' Report in accord- ance with the publication requirements ofthe First Council Directive of 9 March 1968 7 . Member States are permitted to prescribe less detailed disclosure requirements for small or medium sized companies. Whereas the Fourth Council Directive deals with the annual accounts of individual companies the Proposed Seventh Council Directive con- cerning Group Accounts 8 is intended to be its comple- ment — requiring the consolidation of the individual ac- counts of all the companies belonging to the same group. Council Directive of 15 February 1982 requires com- panies the shares of which have been admitted to official Stock-Exchange listing, to publish halfyearly reports, to be inserted in the newspapers or in the national gazette or otherwise made available to members of the public 9 . Member States are obliged to bring into force the measures necessary to comply with this Directive not later than 30 June 1983, although the application of such measures may be postponed until 30 June 1986. Apart from the right of inspection accorded to him as an ordinary member of the public the employee under Irish Law has rights to receive information only in relation to matters of health and safety, collective redundancy and transfer of ownership of a bus- Section 39 of the Safety in Industry Act 1980 requires occupiers offactories and other specified premises in which ten or more persons are employed, to prepare and circulate a written safety statement specifying the manner in which the safety and health of persons employed in the premises will be secured, the arrangements for safeguarding the safety and health of such persons, the co-operation required from such persons as regards safety and health, the duties of safety officers (if any), any safety training facilities which are available and the measures to be taken in relation to dangers so specified arising in relation to the premises or in relation torisks of such danger. Section 35 of the 1980 Act entitles employees working in factories or other specified premises (with a work-force ofunder 20 persons) to appoint a safety representative who can represent them in consulta- tions with the occupier on safety, health and welfare issues. The occupier is obliged to hold consultations with the representative for the purpose of ensuring co-operation in the premises in relation to the provisions of the 1955 and 1980 Acts, statutory regulations or other enactments. The occuper is obliged to consider any representations made to himby the representative on anymatter affecting the health, safety and welfare of persons employed. Section 36 of the 1980 Act provides for the creation of a safety committee and for the appointment of a safety delegate. The safety committee is entitled to make representations to the occupier on health, safety and welfare matters and he must consider these. A reciprocal obligation to consider repre- iness or part thereof. Health and Safety

sentations made by the occupier is placed on the com- mittee. In addition, the occupier must hold consultations with the committee, if the latter so requests, with a view to reaching agreement on facilities for holdingmeetings ofthe committee, and the duration, frequency and times of such meetings. Where for a period of six months neither a safety representative nor a safety committee stands appointed under Section 35 or 36 the occupier himself must appoint a safety representative (if no more than 20 persons are em- ployed in the factory or other premises) or a safety commit- tee and safety delegate, pursuant to Section 37 of the 1980 Act. Paragraph 2 of the latter Section however requires the occupier, before he makes the appointment, to afford to the persons employed in the relevant factory or other premises an opportunity for consultation regarding the appointment. Collective Redundancies Section 9 of the Protection of Employment Act 1977 requires an employer who proposes to create collective re- dundancies to initiate consultations with representatives representing the employees affected by the proposed re- dundancies, with a view to reaching an agreement. The consultations are required to be initiated at the earliest opportunity and in any event at least 30 days before the first dismissal, and to include the following matters — (a) the possibility of avoiding the proposed redundancies, reduc- ing the number of employees affected by themor otherwise mitigating their consequences, (b) the basis on which it will be decided which particular employees will be made re- dundant. The employees' representatives are entitled to receive all relevant information relating to the proposed redundancies for the purpose of consultations and in par- ticular to receive written details on — (a) the reasons for the proposed redundancies, (b) the number and descriptions or categories of employees whom it is proposed to make re- dundant, (c) the number ofemployees normally employed, and (d) the period during which it is proposed to effect the proposed redundancies. Transfers of Undertakings The European Communities (Safeguarding of Em- ployees' Rights on Transfer of Undertakings) Regulations 1980 (S. 1 306 of 1980) provides that employees affected by a transfer of an undertaking or business, or part thereof shall be informed of (a) the reasons for the transfer, (b) the legal, economic and social implications of the transfer for the employees, and (c) the measures envisaged in relation to the employees (Section 7( 1)). The information must be given by the transferor to the representatives of his em- ployees in good time before the transfer is carried out, and by the transferee, to the representatives of his employees in good time, and in any event before his employees are directly affected by the transfer as regards their condi- tions of work and employment. Special provisions exist for the situation where no employee representatives exist in the undertakingorbusiness concerned. Where the transferoror transferee concerned in the transfer envisage measures in relation to his employees, he must consult the representa- tives ofhis employees in good time on suchmeasures with a view to seeking agreement. The 1980 Regulations proved to be innovatory in a number of ways. Prior to the imple- mentation of the said Regulations an employee, on the transfer of ownership of the business in which he was employed, would generally only receive from his employer (the 'transferor') a notice terminating his contract of em-

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