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The transposition of the 2002/14/EC Directive, establishing a general framework for information and consultation (IandC), has proven contentious in largely voluntarist systems of employment regulation. Receiving particular criticism is the employee ‘opt-in’ mechanism as a means to access IandC rights. For non-union employees in particular, the ability and potential to negotiate rights for IandC 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 IandC. 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.
Original languageEnglish
Pages (from-to)629-655
JournalEconomic and Industrial Democracy
Issue number4
Early online date18 Jun 2015
Publication statusPublished - 2017

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