There are many rights that the unions get for themselves, after recognition, they are required to be consulted by the management over some issues. It is not only up to those employers who have recognized the union in their company to consult with the members before implementing things. It is something that all employers must look to do. Hence you will see that consultation by law will take lots of forms.
By the term consultation, it is implied that talks would be taking place in a formal manner with the different representatives of the employees, so that an agreement is reached. The employers actually do not have any kind of obligation to enter into negotiations or even seal any deal. However honest attempts are expected to be made.
If an employer decides that 20 more of his employees would be made redundant, consultations are of course required to be made. After a union gets recognized, the consultations would be taking place with the employees. In companies where no unions are present, the consultations are required to be made with the relevant members of the workforce.
The primary aim of these consultations is to find some ways by which the redundancies can be avoided at all costs. The consultations, can be taking place regarding the selection procedure employed as well as the manner in which the calculation of the redundancy payment would be made.
The regulations that looked after the redundancies also cover the transfer of the undertakings. In these situations, one company hands over the responsibility of its offices to another. Consultation is required on the behalf of both the companies involved in the transfer process. The members of the representative committee for the employees have a duty to consult these people. The representatives have to know why the transfer took place and what affect it would have in the long term.
The different employers have a duty to consult with the different representatives of the workers regarding matters of health as well as safety. The representatives have to be members of the trade unions. In different organizations, the employers usually go into consultation with the people of the workforce.
Sometimes even committees for health and safety of employees are formed. In other types of organizations, the employers can be consulting with people of the workforce in a direct manner. There are specific things to consult about, if any new measure is getting introduced for the well-being of the workers.
The unions are required to be contacted when employers wish that pensions would no longer be given in accordance to the pension scheme related to the State. The have the full right for receiving info regarding the pension schemes being used by the company as well as different details regarding the accounts.
From 2001 onwards, councils are required to be set up in different undertakings involving the community. These are the organizations, which would be employing more than 1000 people in the European Union alone.
These cannot be treated as instruments for withholding the feeling of democracy in the industries. They do not work in tandem with the company management in making of employment policy as has been the case in Germany over the years. The biggest requirements have been listed here:
Two recent laws which have their origin in the European Union, give the employers an opportunity to understand how they would be applied locally. In such cases, the basic rights are put forward along with schemes which contain different rules and information regarding the application of the law.
The employers however have the permission to make their own rules and then replace the default scheme given by the government. These things are however required to be agreed upon via an agreement in the workplace. In places where unions are recognized this can be achieved using machinery of bargaining. If this does not bear fruit, then the employer is required to get the agreement of the employees and then arrange for people to be elected to a forum.
In the March of 2002, a directive provided by the EU, extended the right to information as well as consultation. The main aim of this was to cause an increase in duration of the principle used by the EU where more than 50 people are employed. The impact that this would have on the employment relations in the country is not quite clear yet.
The plan was implemented on workplaces having more than 150 employees in March of 2005. Dates in 2007 were chosen for application in smaller fields of work. According to the directive, the employees of the selected workplaces would be getting information about the company from their employers and also be consulted in various issues which can have an effect on their jobs.
The government in the UK has successfully stopped the different attempts at creating a standard model and for all the companies and hence literally making deals regarding the flexibility of organizations. When this book was getting written, regulations in the drafts were available for seeing. If this directive is implemented in England then it would be containing the following properties:
The regulations present in the draft will be applied in cases where both the management as well as the workforce has forced to reach some kind of agreement. This is the model that is expected to be followed in all places of work. The same norms are already followed in cases of determining time of working as well as period of leave. The main features that you will see here are:
A. The developments that have taken place recently regarding undertaking of activities as well as the current economic condition.
B. The kind of situation that exists regarding employment in the company and whether anything is there that can threaten the employment.
C. The different decisions that would be causing, changes in working of organizations as well as contracts.
The government in the UK has been known to oppose any extension that takes place in the council of work. It has also held discussion with others to block directives regarding information. State what this step might be about. Name the arguments that can be put for or against the practice of work council.