Dáil Éireann Debate, Tuesday - 5 March 2019
559. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection when a person can take a case to the Workplace Relations Commission, WRC, under the Employment (Miscellaneous Provisions) Act 2018, in cases in which their employer is not complying with the provisions of contracts and bands of hours worked; and if she will make a statement on the matter. [10660/19]
View answerThe Employment (Miscellaneous Provisions) Act 2018 (the 2018 Act) was signed by the President on 25 December 2018. The Act came into force on 4 March 2019. The 2018 Act introduces a new right for employees whose contract of employment does not reflect the reality of the hours they habitually work. Such employees will be entitled to request to be placed in a band of hours that better reflects the hours they have worked over a 12 month reference period.
The Act provides that an employee may request in writing to be placed in the relevant band of hours. The employer has four weeks to consider the request. The Act provides reasonable defences for employers to refuse an employee's request for any one of the following reasons:
1. the facts do not support the employee’s claim,
2. significant adverse changes have impacted on the business (e.g. loss of an important contract),
3. emergency circumstances (e.g. business has had to close due to flooding), or
4. where the hours worked by the employee were due to a genuinely temporary situation (e.g. cover for another employee on maternity leave).
Where the claim is disputed or refused, the employee can refer it to the Workplace Relations Commission (WRC) for mediation or adjudication. If the Adjudication Officer finds in the employee's favour the redress will be that they are placed in the appropriate band of hours. No other form of redress is available. An appeal against an Adjudication Officer's decision will be to the Labour Court.
The Banded Hours provision will not apply to an employer who has entered into a banded hours arrangement through an agreement by collective bargaining with their employees. This is to recognise that in some sectors, the retail sector in particular, banded hours arrangements have been agreed between the employer and employees and have been working well. The new provisions will not interfere with these arrangements or with any such agreements that are collectively bargained in the future.
It is important to remember that an employer is not obliged to offer hours of work in a week where the employee was not expected to work or when the business is not open.
Current employees will not have to wait 12 months after commencement of this provision to seek to be placed on a band of hours. From 4 March 2019, an employee who believes their contract does not reflect the hours they have consistently worked over the previous 12 months of service with their employer may request to be placed by that employer in a band of hours that better reflects the hours they have worked regularly.
I hope this clarifies the matter for the Deputy.
