Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 4 of the Convention. Promotion of Collective bargaining. Self-employed workers. The Committee notes the observations of the Irish Congress of Trade Unions (ICTU) on the application of the Convention. The Committee notes in particular that the ICTU, while appreciating the Competition (Amendment) Act No. 12 of 2017, voices concern over the fact that its schedule 4 specifies three categories of self-employed worker (voice-over actors, session musicians and freelance journalists) that may engage in collective bargaining but still does not protect the collective bargaining rights of a multiple number of other self-employed workers that are still not exempted from the competition law.

The Committee notes the information provided by the Government in response to the concerns raised by the Irish Business and Employers’ Confederation (IBEC) that the genesis of the Competition (Amendment) Act 2017 was the introduction of a Private Member’s Bill and not a government bill thus falling outside the regular pre-legislative scrutiny that would apply to a government bill. While the Act only grants an automatic exemption from the Competition Act 2002 to three categories of self-employed workers, trade unions are entitled to apply for an exemption using the criteria set out for other classes of self-employed workers (false or fully dependent). The Government adds in reply to the IBEC observations that the alleged deficiencies on the parameters for defining these classes are speculative and not supported by evidence. Additionally, there is a misunderstanding in terms of the consultation provision, as the Minister may consult with any person. The partners for collective bargaining remain those identified in the Industrial Relations (Amendment) Act 2001, that is, employers, employers’ organizations, trade unions or excepted body. Finally, in response to the concerns raised in relation to Ireland’s competitiveness, the Government indicates that section 15F is aimed at ensuring that any exemptions have no or minimal economic effect on the market, will not lead to significant costs to the State and will not otherwise contravene requirements related to the prohibition on the prevention, restriction or distortion of competition in trade in goods or services. The Government adds that there has yet to be an application for exemption under this section. Considering that the degree to which collective bargaining rights are assured to self-employed workers depends on the practical application of the Competition Act, the Committee requests the Government to continue to provide information in future reports on its practical application.

Practical application of Industrial Relations (Amendment) Act 2015. With reference to its previous comments, the Committee notes with interest the information provided by the Government in relation to the recent Sectoral Employment Orders made under the act in relation to the construction and the mechanical engineering sectors and the setting up of eight joint labour committees within the revised framework for the making of Employment Regulation Orders. The Committee requests the Government to continue to provide information in future reports on the practical application of the Industrial Relations (Amendment) Act 2015 on the promotion of free and voluntary collective bargaining.