Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ireland (Ratification: 1955)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

In its previous comments, the Committee had noted the discussion that took place in the Conference Committee on the Application of Standards in June 2016 concerning the application of the Convention and in particular the application of Irish competition law to self-employed workers.

The Committee notes the general observations provided by the Irish Business and Employers’ Confederation (IBEC) and the International Organisation of Employers (IOE) dated 31 August and 1 September 2017 to the effect that recent developments in Ireland’s industrial relations framework have further strengthened an already robust structure for the protection and promotion of the rights of freedom of expression and to form and join trade unions. They further refer to the recent amendments to the Competition Law noted below.

Article 4 of the Convention. Promotion of collective bargaining. Self employed workers. In its previous comments, the Committee noted the Government’s statement of the need to protect vulnerable workers and the multifaceted challenges raised with respect to the issue presented by false self employment. The Committee further noted with interest the Government’s indication that a Bill had been introduced in Parliament to amend the Competition Act, 2002, to establish rights for self-employed individuals to be represented by a trade union for the purposes of collective bargaining and price setting.

The Committee notes with satisfaction and welcomes the adoption on 7 June 2017 of the Competition (Amendment) Act which, in particular, provides that the Act’s prohibition of entering into agreements setting prices shall not apply to collective bargaining and agreements in respect of relevant categories of self employed workers as defined in schedule 4 to include actors engaged as voice-over actors, musicians engaged as session musicians and journalists engaged as freelance journalists. The Act further defines fully dependent and false self-employed workers for whom a trade union may apply for exclusion for the purposes of collective bargaining.

The Committee takes note of the concerns raised by the IBEC and the IOE that: (i) there was no consultation on the measures taken in this regard; (ii) the parameters for defining “fully dependent” or “false” self-employed workers are not clear and that such categories, rather than being determined by a court, are to be determined by the Minister in consultation with a trade union only; (iii) it is unclear with whom such a worker should engage in collective bargaining, the possible expansion of schedule 4 being a matter of concern; and (iv) these changes may have significant adverse implications for Ireland’s competitiveness. While recalling its previous comments emphasizing the importance of promoting full and voluntary collective bargaining for all workers covered by the Convention, including self-employed workers, the Committee requests the Government to provide its comments on these observations, including all available information on the application of the Amendment Act in practice, as well as on the other points made by the IBEC and the IOE in relation to the Industrial Relations (Amendment) Act 2015.