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 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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