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.

Members access only

Unlock exclusive, tailored content and resources, just for members.

Sign in to access

Not a member yet? Find out how you can become a member today!

Please note

While every care has been taken in compiling this content, neither the CIPD nor ByrneWallace LLP may be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice.

 

Employment
law advice

Want more employment law advice? Members can take out a discounted subscription to HR-inform for additional resources.

Callout Image

More on this topic

Employment law
The resolution of statutory employment claims: Ireland employment law

Information on the workplace relations regime for employment related claims, including how the system works, time limits for bringing a claim, and how disputes and appeals are handled

For Members

More employment law resources

Employment law
Maternity and parental rights: Ireland employment law

Information on the law relating to maternity leave, paternity leave, parents leave and parental leave

For Members
Employment law
Ireland employment law developments

A summary of the key legal developments facing employers in Ireland in 2024

Employment law
Bullying: Ireland employment law

Information on the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work 2020

For Members
Employment law
Data protection: Ireland employment law

Information on how data protection impacts on Irish employment law, including the General Data Protection Regulation (GDPR) and the Data Protection Acts 1988 to 2018

For Members