Triggering employee voice under the european information and consultation directive: a non-union case study
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Cullinane, Niall; Hickland, Eugene; Dundon, Tony; Dobbins, Tony; Donaghey, Jimmy (2015). Triggering employee voice under the european information and consultation directive: a non-union case study. Economic and Industrial Democracy 38 (4), 629-655
The transposition of the 2002/14/EC Directive, establishing a general framework for information and consultation (I&C), has proven contentious in largely voluntarist systems of employment regulation. Receiving particular criticism is the employee opt-in' mechanism as a means to access I&C rights. For non-union employees in particular, the ability and potential to negotiate rights for I&C is widely seen to be problematic. This article uniquely examines the opt-in mechanism in the context of non-unionism, considering how non-union employers respond to non-union employees invoking their legislative rights to I&C. Drawing upon a case study conducted over four years in a large non-union multinational, the evidence shows how the opt-in and negotiation process function to the advantage of the employer rather than the intended regulatory impact to advance employee rights.