The Workplace Relations Commission (WRC) has issued a code of practice on Thursday, empowering employees who may receive up to 20 weeks’ pay if their flexible or remote working applications aren’t responsibly addressed by their employers. This legislation was prompted last year by a request from Simon Coveney, Minister for Enterprise, Trade, and Employment. It’s important to note, this doesn’t directly grant the right to work from home, but outlines key factors to be considered during such a request.
Employers are entitled to make decisions taking into account the firm’s goals and operations while also considering the employee’s individual situation. As long as the employer, following the stipulated code’s principles, reasonably conducts the process, they can refuse such requests.
The WRC and the Labour Court possess the authority to demand employers reassess the application and even grant compensation in case of any shortcomings. According to the code, employers that fail to sensibly evaluate flexible working requests under the Work Life Balance and Miscellaneous Provisions Act 2023 or Parental Act 1998-2023 may be legally bound to compensate the affected employee up to 20 weeks’ pay.
Flexible work requests can encompass part-time and term-time working, job-sharing, and remote working scenarios. However, employees are mandated to submit a written copy of their requests eight weeks before the proposed initiation date, stating the reasons for the request, person/people in need of their care, and detailing any associated medical conditions.
Employees can file for flexible working arrangements to deliver care to a wide array of individuals such as children, parents, other relatives, or cohabitants. In cases where employees only wish to work remotely, without any associated care necessities, failure on the employer’s part to fairly evaluate the situation could yield a WRC or Labour Court ruling for compensation of up to four weeks’ pay.
The guidelines specify various aspects for an employer’s consideration, including the aptness of the employees and their suggested workspaces. This involves finding a balance between the needs of the company, including the nature of work or role involved, and whether it can be effectively conducted remotely. The necessity for interaction with other team members must also be taken into account. The employer must equally consider the needs of the employees and the basis upon which they have made the request.
Reflecting on its initiation, Simon Coveney, Minister for Enterprise, shared his thoughts that remote working has become the standard routine for many employers and employees post Covid-19 and there’s no indication of it receding. He mentioned that the government is committed to empowering and endorsing remote working, which allows for less time spent travelling and more quality time for families.
The approval and introduction of the Right to Request Flexible Working and Right to Request Remote Working will allow employees to exercise their rights and employers to function under the Act, as confirmed by the Code of Practice for Employers and Employees.
Similarly, Minister for Equality Roderic O’Gorman expressed that the commencement of the right to flexible working for parents and carers is the final piece in the implementation of the EU Work Life Balance Directive.
Both the business lobbyist Ibec and the Irish Congress of Trade Unions (Ictu) had a hand in the development of the code and greeted its introduction warmly.
Ibec’s director for employer relations, Maeve McElwee, spoke at the Industrial Relations News conference in Belfield, and praised the code for providing clarity on how to deal with employees’ requests in a good practice framework.
On the other hand, Ictu’s social policy officer, Dr Laura Bambrick, stated that while employees have always had the right to request changes in their working hours or location, the new Work Life Balance Act and Code of Practice means these requests cannot be easily dismissed or ignored for arbitrary reasons.
She conveyed that employers are now obligated to take into account the needs of the employees and abide by the new code of practice when handling requests, in addition to considering the needs of the business. Any alterations to pre-existing arrangements must also be properly taken into account.
Owen Reidy, the general secretary of the organisation, stated that a more flexible approach to work locations and schedules would facilitate a better balance between professional and personal obligations. Such an arrangement is advantageous not only for employees and their families, but also for businesses. It allows companies to retain vital employees who are typically highly-skilled. Society and the economy on the whole would also benefit from this. It would contribute towards closing the gender discrepancies in employment, caregiving, remuneration, and pensions, creating an overall win-win situation for everyone.
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