Minister for Enterprise, Trade and Employment, Simon Coveney TD, and Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman TD, have brought the right to request remote working arrangements for all employees and the right to request flexible working arrangements for parents and carers into operation. A Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working has also been published.
The Work Life Balance and Miscellaneous Provisions Act was enacted on 4 April 2023 and represents a significant advance in workplace entitlements for employees. Provisions for the right to request remote working for all employees and the right to request flexible working arrangements for parents and carers are available under the Act and these rights are now in operation. The right to request flexible working for parents and carers transposes Article 9 of the EU Work Life Balance Directive. Ireland has now fully transposed the Directive.
Employers and employees are obliged to have regard to a 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 Workplace Relations Commission (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. Following consideration of the Code, in consultation with Minister O’Gorman, Minister Coveney has now approved the code.
For further details click here.