The Government has given the green light to the remote and flexible working Code of Practice that was developed by groups such as the WRC.
It has been delayed a while, but today (7 March), marks the occasion the Government brings the right to request remote working into operation. The right to request flexible working for parents and carers is also being introduced.
These rights form the backbone of the Work Life Balance Act, which was enacted last April. It came about after several months of deliberation, both by employee representation groups and Government members themselves.
With the rights in operation, employers and employees are obliged to abide by a Code of Practice for remote working arrangements. This has been developed by the Workplace Relations Commission (WRC) together with trade unions and employer representative bodies. The Government’s seal of approval on it means it is now published and in operation.
Obligations
Workers will be able to refer any remote or flexible working-related disputes to the WRC, while employers must fulfil their obligations under the code or else be brought before a court, the Labour Court or a WRC hearing.
“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,” said Audrey Cahill, director general of the WRC.
Minister for Enterprise, Trade and Employment, Simon Coveney, TD, thanked the WRC for its work on developing the code. “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 [is] committed to facilitating and supporting remote working, to reduce our time commuting and to enable families to spend more time together.”
Having their say
Groups who were at the forefront of the campaign to introduce remote working rights in Ireland, such as CIPD, have also had their say on today’s update. Mary Connaughton, the HR body’s director, had previously been critical of the finer details of the legislation during its proposal stage.
Today, she welcomed the publication of the Code of Practice, calling it a “useful aid to employees and employers in the effective roll-out of a flexible and remote working environment”.
She added that CIPD particularly welcomes the clarification of the application process for both flexible and remote working, as well as what an employee needs to supply and how an employer should respond.
“On the right to request remote working, the code provides a useful framework for employees to consider in requesting remote working, including factors like daily commuting, quality of life, neurodiverse or medical needs. The broad nature of this framework sets a humane and considerate tone,” she said.
“For employers, the code highlights the questions they need to address around the type of work, the employee’s duties, the need for face-to-face service delivery and the way the workplace operates.
“It also recognises the need for individuals requesting remote working to consider the need for participation in on-site events, team collaboration, learning and development.”
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