Dáil Éireann Debate, Tuesday - 10 November 2020
48. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will be bringing forward legislation to ensure workers have a right to disconnect from their work outside of office and work hours further to the publication of Guidance for Working Remotely by his Department. [34917/20]
View answerThe Covid-19 pandemic has highlighted the importance of electronic communications to the success of many businesses and organisations. The use of mobile technology has enabled many workers to remain connected and in employment, and those who can work from home have been encouraged to do so.
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’.
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. Apart from a few limited exceptions, the terms of the Act apply to all employees, regardless of whether they are based in an office or working remotely. The Act places an obligation on employers to ensure that their employees take regular rest breaks and do not work excessive hours. Under Section 25 of the Act an employer is required to keep records of the working time of their employees. These records are subject to inspection by the Workplace Relations Commission (WRC).
The Government wants remote working to become part of the new normal. If done right, the benefits will be huge, however it is vitally important that the existing rights and entitlements that employees enjoy are maintained and that an appropriate work-life balance is struck.
As a response to Covid-19, a new web page was launched on my Department's website dedicated to providing a central access point for all guidance for working remotely. It allows employers and employees to navigate the existing guidance and legislation relevant to remote working and provides information for people working from home.
The insights garnered from the recent public consultation on remote working will be used to enhance and further refine the current remote working guidance and the Remote Work Strategy, which will be published before the end of the year. The Remote Work Strategy will consider what legislation might be required. An Interdepartmental Strategy Group on Remote Working was convened by my Department in September 2020 and its work is progressing.
To complement the work of the new Interdepartmental Strategy Group, and in line with the Programme for Government commitment, I will be asking the WRC to consider what can be done through the development of a new Code of Practice or set of guidelines to ensure that both employers and employees are aware of their existing requirements and entitlements, and understand them, as they relate to a right to disconnect, including in a remote work scenario.
