16 Nov 2022Legislative Right to Request Remote Working to be Fast-Tracked
Right to request remote work for all workers to be introduced through the DCEDIY Work Life Balance Bill
A new law aimed at giving employees the right to request remote work is to be included in The Work Life Balance and Miscellaneous Provisions Bill 2022 which is expected to be signed into law by the end of the year.
Under the bill, the grounds for refusal will be replaced by an obligation on the employer to consider both their needs and the needs of employees when assessing a request. Employers will also be required to have regard to the new code of practice and a complaint can be taken to the Workplace Relations Commission where an employer hasn't complied with the code.
The Bill will transpose the EU Work Life Balance Directive (Directive) into Irish law and provide additional statutory entitlements to parents and carers also in support of a better work life balance, such as;
• The introduction of five days unpaid leave per year to provide care or support to certain categories of people.
• A right for parents and carers to request flexible working arrangements for caring purposes.
• The extension of the current entitlement to breastfeeding breaks under the Maternity Protection Acts from six months to two years.
In a recent announcement the Government said the legislative right to request remote working would be fast-tracked
Agreement between the Tánaiste and Minister O’Gorman also provides greater certainty for workers and employers, with plans to further extend flexible work to all workers following a review of the legislation in two years.
The Government approved the integration of the Right to Request Remote Work for all workers into the Work Life Balance and Miscellaneous Provisions Bill which is expected to be delivered by the end of the year.
The Tánaiste and Minister for Enterprise Trade and Employment, Leo Varadkar TD, and the Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman TD, together agreed that amending the Work Life Balance Bill is the most efficient and practical way to introduce the right to request remote work to all workers.
Welcoming the Government decision the Tánaiste said:
“The Right to Request Remote Work is an important item on my agenda to improve workers’ rights and modernise the world of work.
“The benefits of remote working are obvious – less commuting, fewer transport emissions, better quality of life with more time with family and friends. New job opportunities will be created for people who want to live in rural Ireland, for people with disabilities and for people with caring responsibilities. Smaller towns and villages across Ireland will benefit from new investment, increased footfall and local spend.
“I am pleased that the Government and my colleague Minister O’Gorman has agreed to include this important new legal right for all workers in the Work Life Balance Bill which is already well advanced in the Oireachtas. Our collaboration on this legislation shows the commitment across Government to develop fairer, safer and more attractive workplaces.”
Integrating the Right to Request Remote Work for all workers into the Work Life Balance Bill means that employers and employees will now be making and considering requests for flexible or remote working under one piece of legislation and one Code of Practice to be developed by the Workplace Relations Commission (WRC). This will streamline the process and will help avoid inconsistencies and confusion.
Under the new legislation employees will have a legal right to request remote working from their employer. In addition, employers will now be required to have regard to the Code of Practice when considering requests. The Code of Practice will be established on a statutory footing and, it is expected that this Code will include guidance to employers and employees on their obligations regarding compliance.
Minister O’Gorman said
“The Tánaiste and I have reflected on the recommendations of the Pre-Legislative Scrutiny Reports of both Bills, and input from stakeholders, including observations made in this House, and it is clear that integrating the relevant legislative provisions of the Right to Request Remote Working Bill into the Work Life Balance Bill represents a practical way forward.
“I am conscious that many employers who went to great lengths to accommodate flexible working during the pandemic are now working out the extent to which it can be part of their businesses in the longer term. However, we will keep this legislation under review. That is why I also intend to introduce a provision in the Bill for the flexible working provisions to be reviewed after two years, including a consideration of extending the entitlement to a right to request flexible working to all employees.”
This new law on the Right to Request Remote Work adds to other workers’ rights that the Government is introducing, which include Statutory Sick Pay, a new Public Holiday in February, the Tips Act and the move to a National Living Wage.
Source: https://enterprise.gov.ie/en/news-and-events/department-news/2022/november/202211092.html
You can read the full bill here;
