The government has approved the integration of the Right to Request Remote Work for all workers into the Work Life Balance Bill which is expected to be delivered by the end of the year.
Enterprise minister Leo Varadkar said he was pleased that minister Roderic O’Gorman has agreed to include this 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,” the Tánaiste stated.
“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,” Varadkar claimed.
In Association with
Statutory Code of Practice
Integrating the Right to Request Remote Work into the Work Life Balance Bill will mean 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.
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 Department of Enterprise, Trade & Employment said 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.
The principal differences in the integrated Bill compared with the original Right to Request Remote Working Bill are in the grounds for refusal and the right to redress.
The Right to Request Remote Working Bill provided for 13 specific grounds upon which an employer could refuse a request, as well as a general ‘business grounds’ provision.
Under the integrated Bill, the enumerated grounds will be replaced by an obligation on the employer to consider both their needs and the needs of employees when considering a request. Employers will also be required to have regard to the statutory Code of Practice.
Enhanced right of complaint
Under the integrated Bill, a complaint can be taken to the WRC where an employer hasn’t complied with the Code of Practice or the other requirements of the law.
This represents an enhanced right to complain, when compared with the original Right to Request Remote Working Bill as published earlier this year, which did not include a requirement for an employer to have regard to a Code of Practice and contained a number of grounds for refusal of a request.
Minister O’Gorman said: “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.”
In addition, under the integrated Bill remote working will be defined as one type of flexible working. All employees will have a right to request remote working.
The right to request any other type of flexible working, such as reduced working hours or adjusted working patterns, will remain limited to parents and carers, as defined in the Bill.
