Aisling Mooney Eddy

The EU Adequate Minimum Wage Directive: Getting the Collective Bargaining Provisions Wrong   In an article in today’s Irish Times, Eoin Burke-Kennedy reports on an interview with the new Irish Minister for Enterprise and Employment, Peter Burke. In the article, Burke-Kennedy writes:   “Another potential headache for Government is the incoming EU directive on adequate minimum wages which (obliges Member States) ... to ensure that collective bargaining wage agreements cover up to 80 per cent of the workforce. Currently in Ireland, the rate is just 35 per cent.”   The Directive does not require governments to ensure that 80% of the workforce is covered by collective bargaining agreements. The 80% is an indicator, not a target. Something the EU thinks would be a “nice to have”, rather than a “must have”.   Member States are not required to oblige employers to negotiate with unions. Rather, they should put in place frameworks that would facilitate such bargaining if the parties agree to bargain. You cannot make people negotiate with one another against their will.   Certainly, you can pass a law which says that an employer should meet with a union that has a certain percentage of a bargaining unit in membership. The law can put the union in the room. However, the law cannot make the employer agree to anything the union might ask for. Just look at how things work in the US.   There are only two alternatives to a negotiated agreement between an employer and a union:   1.  Mandatory, legally binding arbitration that imposes a settlement on the parties. This possibility already exists in Irish law through the Industrial Relations Amendment Acts, which allows the Labour Court to impose terms and conditions where “it is not the practice of the employer to engage in collective bargaining”. But, from the data, it appears to be a road less travelled by the unions. 2.  The union calls a strike to enforce its demands, the traditional way of exerting union power. However, this requires the union to have enough members to make the strike effective. Nor does the Directive oblige governments to introduce sectoral bargaining where it does not already exist. For a start, define “sectors” in a modern economy.   At the end of the day, if unions want employers to negotiate with them then they need to have sufficient members to give them the leverage to get the employer to seriously engage. Want a collective bargaining agreement? Get members. Otherwise, the law will not deliver for the unions.   https://lnkd.in/ecTDtvsZ

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The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 came into effect on 26 September 2024. This Act, introduces, for the first time in Irish law, mandatory open disclosure by health services providers of certain notifiable incidents which occurred during the provision of a health service. Open disclosure is defined as an open, honest, compassionate and timely approach to communicating with patients and, where appropriate their relevant person, following patient safety incidents. The Act introduces a legal requirement to disclose a list of specific incidents called notifiable incidents. Full particulars of the notifiable incidents are detailed within the Act. Read more here: https://lnkd.in/e4W9q_ve

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Work isn’t a place — it is a set of activities that we engage in to achieve desired results. The ongoing debate around #hybridworking reflects this truth and challenges leaders to consider the best paths forward. In a Business Post piece published this week, Eimear Harty articulates the hybrid working strategy at Bank of Ireland and our focus on empowering teams and individuals to understand, to own, to be accountable for, and to work in ways that deliver great outcomes for our colleagues and our customers. #flexibility #leadership #inclusion #futureofwork

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According to Gallup’s World Poll, Irish people are experiencing the same level of stress as they did after the 2007/2008 recession. 📈 In both 2009 and 2023 an astonishing 40% of Irish people report having felt stress the previous day. Engaged employees are less stressed, as measured by Gallup’s Engagement metric the Q12. ✅ We’ve taken saliva samples from engaged employees/quiet quitters/loud quitters and from this we know that engaged employees have lower levels of the stress hormone (cortisol). 👨‍🔬 To hear more about this and our workplace research on improving psychological safety, please feel free to reach to me @[email protected]. https://lnkd.in/eT7zxKA5

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🛠️ Employment Law Update: What Businesses Need to Know Staying compliant with the latest HR regulations is essential, especially with recent changes in Irish employment law. Here are key updates relevant to businesses in 2024: 📅 New Employment Permits Act (Effective September 2, 2024) This Act introduces seasonal employment permits, updates to employer change rules, and digital labour market testing, offering more flexibility for hiring international talent. Businesses managing foreign workers must stay informed and comply with the new guidelines​ 💻 Right to Request Remote and Flexible Working Employees now have the right to formally request remote or flexible working arrangements. Employers must respond within four weeks, and proper record-keeping is essential to ensure compliance if this request is challenged. 📈 Auto-Enrollment Pension Scheme In 2025, employees earning over €20,000 will automatically be enrolled in a pension scheme, with employer contributions matching the state’s. Ensure your payroll system is ready to handle these changes​. Stay ahead of these changes to ensure your business remains compliant and competitive. At The HR Head, we’re here to help you navigate these new regulations with confidence. #EmploymentLaw #HRCompliance #IrishBusiness #RemoteWork #HRSupport #TheHRHead #SME

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The Employment Permits Act 2024 brings major reforms to Ireland’s employment permit system, making it more flexible for today’s labor market needs. Read more about the key changes and how they may impact you here: https://ow.ly/KCEh30sGPXq

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I am looking forward to joining this Conference in Dublin where I and other HR and employment law colleagues will consider 7 topical and practical issues that arise in managing dismissals in Ireland. I will be looking at how to balance protecting employees who make allegations in the workplace with the rights to fair procedures for those accused #employmentlaw #dismissallaw

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Some interesting insights from a report by IrishJobs on Evolving Work Preferences for Irish Jobseekers. See below the changing landscape on what is important to workers in the Irish market. Review against your own company offering to assist in retaining your current employees but also in attracting new talent into your team. #employeeengagement #employeeretention #jobperks

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A piggery worker was recently awarded €14,000 after taking only 18 days of holidays over six years. This case is an important reminder for employers that annual leave entitlements don't simply expire and are a legal right. Claiming to adopt a "use it or lose it" policy is not enough. Employers must: Clearly communicate their annual leave policy to employees. Regularly remind employees to take their leave. Maintain records showing that you've encouraged leave to be taken. Failing to do so can result in hefty backdated awards, as demonstrated by this case. Protect your business—stay compliant and ensure employees take their time off. #HRCompliance #AnnualLeave #EmployeeRights #EmploymentLaw #WorkplaceWellness #HR MSS - The HR People

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To support Organisations with compliance activity in response to the latest updates in Irish employment law, this e-Book covers recent employment law changes and expected developments for the rest of 2024

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Some interesting aspects to the legislation grounding Auto Enrolement in Ireland including (small) awards for penalisation of employees before the WRC and fines against persons (most likely employers) for offences under the Act. For example, it will be an offence to hinder an employee from participating in the AE system. The Act is expected to become law next year with a commencement order from the Minister of Social Protection. Interesting to note that the IT consultancy firm who runs the UK AE system will manage the system infrastructure in Ireland. Further updates to follow from the Beauchamps LLP team as we enter this new era for pensions in Ireland. #pensions #employmentlaw

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Have you been increasing pay for your employees? See illustration below for more details. Some of the reasons cited for this in the CIPD-IRN Private sector pay and employment report 2024 on pay practices in Ireland were staff retention; inflation; skills shortages; increase to national minimum wage and (one which I am glad to hear companies are proactively working on, albeit with more to do) the gender pay gap. #cipd #hr #compensation

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What do you need to know about the Irish employment legislation this year so far? Our own Clair Schindler and Hilary O'Connor, Solicitor and Consultant, will delve into changes to employment policies and procedures as well compliance requirements and implications for employers. Register for the webinar here: https://lnkd.in/gRCCAjpp #employmentlaw #hr #humanresources #frazerjones

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Great to share some of the key HR Strategic insights, trends and metrics impacting businesses in the Cork region from the Adare Trusted People Partners HR Barometer Report. Our thanks to Cork Chamber and fantastic panellists Miriam Manning, Eric Nolan and Charles Dineen MCIPD for their insights. 2024 is a year of real change in all areas of HR and Employment Law and utilising timely data is the key to unleashing people led potential. #strategichr, #hrbarometer, #hrleadership

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🌈 Happy Pride Month! 🌈 Did you know? 🔵 According to a survey conducted by the hiring platform Indeed, 53% of Irish workers who identify as LGBTQIA+ feel discriminated against at work. 🔵 Not all participants of the survey were 'out' at work with 🔹 49% choosing to do because of personal preference.  🔹 13% for fear of discrimination. 🔹 13% for not having the opportunity to discuss. 🔹 10% for fear of judgement from peers.   Here are a few key considerations and best practice measures to include in the workplace: ✅ Supporting LGBT+ colleagues ✅Embedding a culture of inclusiveness ✅Reviewing & amending relevant policies, such as trans inclusive policies, recruitment and dignity and respect ✅Complete regular training on trans awareness ✅Organise events in the workplace to celebrate inclusiveness At the HR Suite, we provide a Diversity & Inclusion training course as well as a “Supporting our LGBTQ+ Colleagues” Online e-Learning Course to help you build a safer and more inclusive environment. Check them out here: 👉 Supporting our LGBTQ+ Colleagues Online e-Learning Course: https://lnkd.in/e54eJxWy 👉 Diversity & Inclusion Training: https://lnkd.in/e2SgKbzF

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A prime example of not having hr support in place or perhaps having it and not utilising it. If you're unsure of your obligations as an employer and want straight forward, professional advice give Insight HR a call on 056 7701060 to discuss any situation with our HR consultants! Mary Cullen Liam Barton Joe Thompson, Assoc CIPD Megan Power #hradvice #hrconsultant

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