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Information and Consultation: A Case Study Review of Current Practice

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Title: Information and Consultation: A Case Study Review of Current Practice


1
Information and Consultation
A Case Study Review of Current
Practice
  • Dr Damian Thomas (NCPP)
  • ICTU IBEC NCPP Seminar
  • Nuremore Hotel, Carrickmacross

2
The European Employee Information and
Consultation Directive
  • to establish a general framework setting out
    the minimum requirements for the right to
    information and consultation of employees in
    undertakings or establishments within the
    Community.
  • Important development in Irish employment
    relations as it builds on existing I C
    provisions EU objective is to encourage
    on-going and general process of information and
    consulation
  • Ireland (UK) phased implementation
  • Undertakings 150(establisments with 100) March
    2005
  • Undertakings 100-150 (establishments 50) March
    2007
  • Undertakings 50 (establishments 20) March 2008

3
Information and Consultation
  • Definition of information and consultation
  • exchange of views and establishment of dialogue
    between the employees representatives and
    employer
  • Information on recent and probable development of
    the undertakings/establishments activities
    economic situation
  • Information and consultation on situation,
    structure and probable development of employment
    trendsany anticipatory measures envisaged where
    there is a threat to jobs
  • Information and consultation on decisions likely
    to lead to substantial changes in work
    organisation or in contractual relations
    (includes collective redundancies / Transfers of
    undertakings)

4
Process of Informing and Consulting
  • Timing, method and content are appropriate
  • At the relevant level of management/representation
    (issue)
  • information supplied enables representatives to
    examine the subject under consideration
  • Allows representatives to meet with management
    and obtain a response / reasons for this response
    on any opinion formulated
  • If the issue relates to changes in work
    organisation or contractual relations it should
    be with a view to reaching agreement (on
    decisions within scope of employers powers)

5
  • Builds on existing directives with a view to
    encouraging and on-going and general process of
    information and consultation (Evelyne Pichot,
    European Commission)
  • Active process employers and representatives
    will have to inform, explain, justify and make
    proposals (Dr. Pascale Lorber, 2003)

6
  • Directive non prescriptive
  • Considerable flexibility to tailor the
    legislation in accordance with national
    preferences, laws, customs etc.,
  • Management labour can define their own
    practical arrangements for I C freely at any
    time (Article 5)
  • Range of issues that will have to addressed by
    the legislation for transposing the Directive ie
  • Employee representatives
  • Level
  • Trigger mechanisms
  • Sanctions / handling of grievances
  • Confidentiality
  • Statutory fallback

7
High Performance Work Organisations (HPWO)
  • Informing and Consulting are the building blocks
    of HPWO
  • Forum/Surveys managing organisational change
    and/or moving towards higher value added
    activities dependent on engaging/consulting with
    employees
  • Good communication and open systems of employee
    consultation and engagement will be required to
    enable often difficult change to occur (IMI,
    Submission)
  • ESRI/NCPP Employees Survey - Significant minority
    disengaged from I/C processes
  • Lack of shared objectives and low trust main
    barrier to change (LRC)

8
NCPP Research Project Learning Network
  • GMIT
  • GE Interlogix
  • Medtronic AVE
  • Multis
  • Nortel Networks
  • Roches Stores
  • VHI Call Centre
  • Allianz Ireland
  • Barnardos
  • Beckman Coulter Instruments
  • Dell
  • Dublin City Council
  • Electric Paper Co.
  • ESB

9
Informing and Consulting
  • Direct Information Sharing
  • Extensive range of practices methods
  • Regular employee briefings (level/frequency/scope)
  • Personalised interaction (formal/informal)
  • Direct Consultation
  • Individual
  • Permanent groupings / initiatives
  • Temporary projects
  • Open ended initiatives

10
Informing and Consulting - Indirect
  • Unionised established IR structures
    relationships main vehicle for informing and
    consulting with employee representatives I
  • Issues extend beyond pay conditions
  • 7 organisations had established formalised
    partnership-style arrangements or structures

11
Key Lessons
  • Good platform
  • Shared understanding of the potential value of
    enhancing I C practices and procedures
  • Integral to business / organisational strategies
  • Managers more at ease with informing (variable
    enthusiasm)
  • Consultation less prevalent in early planning
    compared to planning and implementation phases
  • Unionised early consultation on IR issues
  • IR arena not limited to core IR issues
  • Meaningful dialogue

12
Key Lessons
  • Distinction blurred
  • Direct and Indirect practices mutually supportive
  • Informal dialogue and highly personalised
    relationships
  • Work in progress
  • Top level support for the development of a
    participatory management culture
  • Employees want to contribute managers
    encouraged to foster such an approach
  • Context, manner and spirit

13
Summary of the Advantages
  • Overall Performance
  • Competitiveness
  • Customer Service
  • Understanding of goals/objectives
  • Change
  • Openness to change
  • Anticipate and manage change
  • New flexible ways of working
  • Continous improvement
  • Capability
  • Better informed decisions
  • Problem solving and innovation
  • Effective implementation
  • HR/IR
  • Better relationships
  • Trust and openness
  • Employee involvement
  • Commitment
  • Staff
  • Employee voice
  • Satisfaction / autonomy
  • Working Environment
  • Benefits

14
Attitudes and Perceptions towards ICD
  • HR Mangers generally supportive balanced with
    flexibility and competitiveness
  • daunting to workable
  • Recognition of the potential value that this
    initiative could bring
  • Employee Representatives less knowledge of the
    detail welcomed any initiative that would enhance
    employee voice

15
Transposing the Directive into Irish Law
  • Key Management Issues
  • Flexible arrangements
  • Confidentiality
  • Locus of Decision Making (autonomy)
  • Distinction between consultation negotiation
  • Relationship with existing structures ie
    industrial relations or partnership

16
Challenges
  • Business Culture
  • Managers Right to Manage
  • Non-unionised establishments / non-unionised
    employees
  • Securing staff interest
  • Improving current practice
  • Existing industrial relations culture/structure
  • Communication overload
  • Resourcing / Training (managers/representatives)

17
Organisational Culture, Practices and Procedures
  • Adapting, formalising and/or regularising
    existing arrangements/practices
  • 3 examples where character, structure,
    composition and function of existing structures
    would more than meet future requirements
  • Changes earlier and increased consultation
    regularised information flows new arrangements
    for indirect representation
  • Directive as general framework that will act as a
    catalyst for focusing attention on improving
    organisational culture and current practice in
    relation to informing consulting
  • Foster and deepen customised, partnership-style
    arrangements for managing and anticipating change

18
  • Not a constraint on competitiveness /
    organisational flexibility -
  • Timely information and consultation is a
    prerequisite for the success of the restructuring
    and adaptation of undertakings to the new
    conditions created by globalisation of the
    economy, particularly through the development of
    new forms of organisation of work (Recital 9)
  • Irish Context this Directive accords with
  • Emerging trends in employment relations / HR
  • Competitive context / nature of work/jobs
  • Changing workforce
  • Institutional Context

19
No Single Model
  • NCPP Case Studies
  • Product of agreement/negotiation
  • Agreed and written constitution
  • Open and elected membership (designated places)
  • Business-focused agenda
  • Information sharing, employee dialogue and
    participation
  • Evolutionary dimension
  • DETE Consultation Paper (Rules)
  • Entire Workforce / negotiated (deadline)
  • Writing / dated / available / Signed / Supported
  • Subjects and conditions/methods
  • Provision for renegotiation
  • Principles (Article 5)
  • Arrangements must be effective
  • Enterprise/Employee interests
  • Rights/obligations of both parties
  • Spirit of Co-operation
  • Arrangements based on direct involvement free
    to exercise their right to have employee
    representatives

20
Framework of Good Practice
  • Customised arrangements
  • Viable, practical and sustainable
  • Adhere to spirit of the Directive
  • Adopt benchmarks of good practice
  • Effective and Flexible
  • Agreement
  • Integrated (HR policy ) Build on and complement
    existing mechanisms/policies
  • Aligned with business/organisational strategy
  • Evolution Experimentation
  • Monitoring and reviewing benefits outputs
    (active)
  • Foster a culture of information sharing /
    participation and consultation

21
Going Forward
  • Something should be doing(potential benefits)
    rather than have to do (regulation)
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