The Government has brought the right to request remote working into operation.
The entitlements within are part of the Work Life Balance Act which was enacted in April 2023. The right to request flexible working arrangements for parents and carers has also commenced.
A code of practice for employers and employers, drawn up by the Workplace Relations Commission (WRC), has been approved and published.
Employers and employees are obliged to have regard to the code of practice when considering applications for remote working arrangements. Employers must also have regard to the code if terminating a flexible working arrangement.
Employees will be able to refer a dispute to the WRC where an employer fails to fulfil their obligations under the Act and the code will be admissible in evidence in proceedings before a court, the Labour Court or the WRC. The code of practice was developed by the WRC, in consultation with trade unions and employer representative bodies.
"I am pleased to announce that the right to request remote working arrangements is now available to all employees," said Minister for Enterprise, Trade and Employment Simon Coveney. "Remote working became a new norm for many employers and employees in the wake of Covid-19 and it is clear it is here to stay." "This Government committed to facilitating and supporting remote working, to reduce our time commuting and to enable families to spend more time together," he added.
Minister for Children, Equality, Disability, Integration and Youth Roderic O'Gorman welcomed the commencement of the provisions on the right to request flexible working.
"Under this Act alone employees can now avail of breastfeeding breaks for two years, five days leave for medical care purposes, as well as five days domestic violence leave which is a hugely significant development for those who are experiencing domestic violence," Mr O'Gorman said.
"The commencement today of the right to flexible working for parents and carers also marks the final step in the transposition of the EU Work Life Balance Directive." In November 2023, the European Commission warned that Ireland was facing a fine for failing to fully transpose the directive. Audrey Cahill, Director General of the Workplace Relations Commission said the code of practice reflects what is set down in the legislation and provides guidance for employees in applying for flexible or remote working and for employers in responding to those requests.
"I wish to acknowledge the assistance of ICTU and Ibec for their collaboration during the process, to ensure that the extensive stakeholder information was factored into the Code to produce the comprehensive final version that we believe will support all those to whom it is relevant," Ms Cahill said. Director of CIPD in Ireland, Mary Connaughton, welcomed the publication of the Code of Practice.
She said it will be a useful aid to employees and employers in the effective roll out of a flexible and remote working environment. In particular she said the organisation welcomes the clarification of the application process for both flexible and remote working and what an employee needs to supply and how an employer should respond.
She also said clarity about the expectation that employers will be objective, fair and reasonable in responding to requests, while also recognising the employer's need to take account of business realities, was also useful.
The code is available on the WRC’s website.
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Cyril Keegan
Manging Director HR Desk
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