Currently in Ireland there are multiple new employment policies being put forward for legislation, originating at either EU or Irish government level, and at varying stages of publication or debate.
Brendan McGinty, strategic policy advisor to the Employment & Recruitment Federation and managing partner at Stratis Consulting, explains that since the start of 2022 five new workers’ rights initiatives were heralded as workplace policy that would deliver enhanced flexibility and wellbeing for employees.
Of those, the new public holiday announced for March 18 is the only policy we’ve seen fully realised to date. It is by far the least contentious and most easily implemented.
From 2023 onwards, this extra day’s holiday will be on the first Monday of February, or on a Friday, if it falls on February 1.
The Statutory Sick Pay Bill 2021 is likely to be enacted in the coming months, with a phased introduction. The entitlement starts with three paid days, initially, rising to 10 days’ sick-pay per year for employees in the next few years.
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McGinty says the ERF is concerned that its terms, though well intentioned to address workers’ needs, will bring new employee rights, without responsibilities, and will place additional burdens and costs on employers at a time of peak uncertainty.
Other imminent policy, including The Right to Request Remote Work Bill 2021 and The Work Life Balance and Miscellaneous Provisions Bill 2022, may similarly not be straightforward, he says.
The former was introduced by the Department of Enterprise, Trade and Employment in January, setting out a legal framework whereby an employer can either approve or reject an employee’s request to work remotely.
Opposition parties have criticised the Bill, saying it is limited to a right to request remote work, and does not guarantee any right to remote work. Oireachtas legislators also favour giving more remote working rights to staff than enterprise minister Leo Varadkar originally proposed.
Trade unions are also focussed on seeking to limit the opportunities under the Bill for employers to refuse remote working, while the government says it remains open to making ‘constructive amendments’ to enhance the rights of workers, while ensuring ‘a balanced approach that is fair and affordable for employers.
Talent Conversation
Employment & Recruitment Federation president Donal O'Donoghue says access to flexible working and remote working, in whatever form, is now part of the talent conversation and must be acknowledged as such.
“As people return to the office, there is a huge opportunity for employer and worker consultation, to learn and share experiences of what has and has not been helpful during the pandemic,” says O’Donoghue.
“It is in all our interests to better understand work organisation, and to identify opportunity to create the best model for individual workplaces and sectors for the future.”
The right to request flexible work arrangements also features in the EU's Work Life Balance Directive and must be implemented by the government this year.
The directive calls for employees in a caring role to have the right to request flexible work. Minister Roderic O’Gorman is progressing a General Scheme for a Work Life Balance and Miscellaneous Provisions Bill, which has also been met with varying degrees of enthusiasm.
Under the Bill, employees who are parents or carers of children under 12 will have the right to request flexible work arrangements, such as remote working or compressed hours.
Employers will not be under an obligation to grant the request, but must engage with the employee and provide a reason for their decision if refusing a request.
Other measures under the proposed work life balance legislation are thought to include:
• Employees, as parents or carers, will be able to ask for five days of unpaid leave for medical care purposes where they need time off work to look after sick children or relatives.
• The five days of carer’s leave will only apply to workers with a relative or other person living in their home, who needs significant care or support for a serious medical reason.
• Employees must give six months’ notice when they make a request for more flexible working arrangements and an employer must respond within four weeks of a submission being made.
• An extension of entitlement to paid breastfeeding/lactation breaks, to 104 weeks, is also proposed. Working women who are breastfeeding are currently entitled to take one hour, with pay, off work each day to breastfeed their child for 26 weeks after birth.
• The introduction of paid leave for victims of domestic violence is also to form part of the draft legislation.
• An extension of the right to maternity-leave for transgender people is also included. A transgender man with a gender recognition certificate, in accordance with the Gender Recognition Act 2015, who subsequently gives birth, will be entitled to maternity-leave.
Geraldine King, CEO of the ERF, notes that current debate is influenced by the pursuit of flexibility and wellbeing issues for employees. However, employers insist the impact on customers and on business models needs to be carefully considered, and organisations must be able to decide which working arrangements best suit the business, while considering individual needs.
“Legislators grapple with the complexity of proposed new policy and the often conflicting interests of business, workers and overall economic growth,” King adds.
“The debate can become polarised, with public representatives taking populist positions on significant issues where the policy impacts are not fully tested or understood.
“Many employers are concerned at the volume and potential impact of proposed employment regulation at a time when employment costs are on the increase.
“While more flexibility and home working suits some roles, there is a potential threat to company culture and client service, as well as less opportunity for social interaction and relationships.”
