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Minister for Enterprise, Trade and Employment, Simon Coveney, and Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, have today 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.
Minister Coveney, in consultation with Minister O’Gorman, has also approved and published the Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working.
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.
Announcing that the right to request remote working arrangements has come into operation and that the Code of Practice has been approved, Minister Coveney said:
"I am pleased to announce that the right to request remote working arrangements is now available to all employees. 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.
"The approval and publication of the Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working will support employees to avail of their rights and employers to operate under the Act. I would like to thank the WRC for their work to develop the Code and Minister O’Gorman for his engagement to approve the Code."
Minister O’Gorman welcomed the commencement of the provisions on the right to request flexible working:
"The entitlements for employees under the Work Life Balance and Miscellaneous Provisions Act 2023 represent a further step in a series of leaves and other supports introduced by my department over the past three years. Under this Act alone employees can now avail of breastfeeding breaks for 2 years, 5 days leave for medical care purposes, as well as 5 days domestic violence leave which is a hugely significant development for those who are experiencing domestic violence.
"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."
Speaking on the publication of the Code, Audrey Cahill, Director General of the Workplace Relations Commission said:
"We are delighted to publish this important Code of Practice which 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."
The code is available on the WRC’s website.
The Work Life Balance and Miscellaneous Provisions Act was enacted on 4 April 2023.
Part 2 of the Act lays down provisions for the right to request flexible working arrangements for parents and carers. The right to request flexible working arrangements for parents and carers transposes Article 9 of the EU Work Life Balance Directive. Ireland has now fully transposed the Directive.
The Department of Enterprise, Trade and Employment (DETE) is responsible for Part 3 of the Act, which includes provisions for the right to request remote working arrangements and sets out requirements for the employee and the employer in this regard.
DETE is also responsible for the commencement of Part 4, which sets out provisions for a Code of Practice.