You Are Legally Obliged to Consult with Employees

A pre-existing agreement may apply to employees of more than one company; In this case, employers may organise a single ballot of workers from all undertakings covered by the agreement. If, as an employer, you make fewer than 20 redundancies, you are not obliged to consult collectively, unless there is an agreement to that effect. However, it is always a good practice to consult collectively if you can. Prior to a transfer of TUPE, the old and new employer must inform and consult with workers` representatives (union or worker representatives) to explain why the transfer is taking place and what changes they are proposing. If there is no collective consultation of employees in a situation of dismissal or transfer of the company, the workers concerned (or their representatives) may apply to a labour court for compensation, known as a “protective arbitration award”. Employers should consult collectively to consider how they: In addition, the information and consultation arrangements will be different for each employer. The obligation requires ongoing communication between you and the employee. Quite simply, it`s about communicating important developments that could affect the people who work for the organization. If you cannot reach an agreement, the usual IofC rules apply.

This includes the election of workers` representatives and the information and consultation of workers on: There is a specific legal obligation to consult any recognised trade union concerned on specific occupational pension schemes. As a general rule, if an employee makes a valid request, the employer is obliged to negotiate an “information and consultation contract” (or I&C contract) with the workers` representatives. Of course, large organizations may already have an I&C agreement, because for them, this obligation is not new. Because every organization is different, there is flexibility in how employers can inform and consult with you. However, your employer should always try to be as open as possible, unless the information is commercially sensitive. There are many ways for your employer to do this, but it depends on: The CCA decides whether or not you need to make an agreement with your employees. Get legal advice if you`re not sure if you need to tell your employees something. Your employer must also consult you or your representatives in the event of a transfer of ownership. You must say: employers are legally obliged to bargain in good faith with the workers` representative and sign a collective agreement reached. This obligation includes many obligations, including the obligation not to make certain changes without negotiating with the union and not to bypass the union and bargain directly with the workers it represents. These examples only scratch the surface. Given the complexity and importance of this issue, employers should do so.

Knowing what is required to meet consultation obligations under modern procurement, a company agreement, or relevant health and safety legislation can be challenging and will change depending on the type of policy you want to implement, the composition of your workforce, and the impact the policy will have on your workplace. There are approximately seven instances where employers have specific legal obligations to consult with employees and/or their representatives. If you are an employer and you are not sure if you need to consult in your situation, you can always provide advice to avoid risks. You should seek legal advice if you want to check whether this is required by law. Safe Work Australia has developed a Code of Conduct under Section 274 of the Occupational Health and Safety Act, which outlines advice, cooperation and coordination on occupational health and safety. The Code describes when employees must be consulted, what effective consultation is, how workers are consulted and how activities must be coordinated with other function providers. If at least two per cent of your employees formally request an Information and Consultation (I&C) agreement, you must begin negotiations within three months. Negotiations can last up to six months and the agreement must: (PLEASE REMOVE THE TITLE FROM THE BODY OF THE TEXT WHEN LOADING) Q1754: How long is an employer required to consult with employees for consent before changing their contract terms? Section 195 of the Consolidated Trade Unions and Industrial Relations Act 1992 provides that consultation requirements on collective redundancies may also apply where the employer proposes to change the terms of the contract. For the purposes of the obligation to carry out collective consultation, the definition of “dismissal” includes dismissal for any reason unrelated to the individual, including the situation in which an employer proposes to dismiss (and offer reinstatement) workers who do not agree with a proposed change in their working conditions. It is a good practice for your employer to inform you of what is happening in the company and any planned future changes. In some cases, your employer has the legal right to consult you.

Employers should tell employees what is planned – inform – and listen – and consider employees` views when deciding what to do – advice. You should always consult with your staff individually, but you can also consult with them in small groups. In general, UPT regulations stipulate that the seller and buyer of a business or business must consult with appropriate representatives of employees who may be affected by a proposed sale or purchase of the business or business that employs them. If you cannot agree, you must still inform and consult with your employees about: You also have the right to respond to complaints from your employees: Paragraph 8(d) of the Act sets out what constitutes the obligation to bargain collectively. Section 8 (a) (5) of the Act makes it an unfair practice for an employer to “refuse to bargain collectively with the representatives of its employees, subject to the provisions of section 9(a)” of the Act. (An employer who violates section 8(a)) (5) also follows from section 8(a)(1).) For example, you can`t There are several ways to inform and consult. For example, information about the company`s economic situation could be shared in small group discussions with department heads or a questionnaire could be sent to employees to find out what employees think of a proposed action. When an employer first applies for approval of an employment contract amendment, it usually does not know how many employees will accept the amendment.

Therefore, in order to avoid delays when it is possible that some of them may be considering dismissal and reinstatement, it is advisable that the employer consult collectively from the outset if the changes affect 20 or more employees. When workers make a valid request for new information and consultation arrangements, your employer should sit down with workers or their representatives to try to reach an agreement on what will be consulted, how and when workers will be consulted. Approval would include the support of a simple majority of participants for a vote on workers; a majority of the workforce expresses its support through signatures; or the agreement of workers` representatives (including trade unions and other appropriate representatives) representing the majority of the workforce. If the lawsuit is successful, employers may be required to pay compensation to their employee(s) (“protection premium”). This can represent up to 90 days of full pay for each affected employee. If your employer does not properly consult the workforce, your representatives (or yourself) can lodge a complaint with the Labour Court in accordance with the information and consultation of the workers` rules.