Dáil Éireann Debate, Wednesday - 13 May 2020
1205. Deputy Cian O'Callaghan asked the Minister for Employment Affairs and Social Protection her plans to introduce legislation to protect workers' right to disconnect outside paid working hours; and if she will make a statement on the matter. [5186/20]
View answerThe importance of electronic communications to the success of many businesses and organisations has been highlighted by the Covid-19 crisis. The increased use of mobile technology, which is already a well-established aspect of the modern workforce, has enabled many workers to remain connected and in employment, despite the closure or reduction of workspaces.
However, a long-acknowledged, potential downside to the use of mobile and other electronic communication devices is the expectation that workers are always ‘switched on’.
First and foremost, Ireland already has a comprehensive body of employment legislation, including the Organisation of Working Time Act 1997, which sets out maximum working time and minimum rest periods for employees. It is understood that proper compliance with that Act should in fact be sufficient to ensure an appropriate work-life balance.
Where an individual believes they are being deprived of their employments rights, they may refer a complaint to the Workplace Relations Commission (WRC), where the matter can be dealt with by way of mediation or adjudication, leading to a decision that is enforceable through the District Court.
That said, there has been significant debate across Europe in recent years regarding the ‘right to disconnect’ and Government officials have been monitoring the matter closely.
Officials from my Department met with Eurofound earlier this year to discuss its report “Telework and ICT-based mobile work; flexible working in the digital age”, which examines, inter alia, the right to disconnect throughout the EU. The report found that only a few Member States have adopted legislation related to the ‘right to disconnect’ and that there is a lack of consensus about the need for legislation in the area and how it should be regulated.
The topic was also discussed at the most recent Labour Employer Economic Forum (LEEF), following which I wrote to ICTU and IBEC seeking submissions in order to contribute to the debate.
Officials in the Department of Justice and Equality have also conducted a public consultation on the broader theme of developing a national flexible working policy. The policy will take into account the needs of families, individuals, employers and the broader economy. The results of the consultation are currently being analysed and I look forward to its publication.
In December 2019, the Department of Business, Enterprise and Innovation published the 'Remote Work in Ireland' Report. The report focussed on understanding the prevalence and types of remote working arrangements within the Irish workforce and the attitudes towards such arrangements. It identified the need for further guidance for employers to support the adoption of remote work across a number of areas, including the right to disconnect. The WRC is the primary source of information on employment rights in Ireland.
My Department continuously monitors existing employment rights legislation to ensure that it continues to be relevant and fit for purpose. My officials will continue to do so in relation to the right to disconnect and will strive to ensure that an appropriate balance is struck between the exigencies of businesses, organisations and workers.
I hope this clarifies the matter for the Deputy.
