Dáil Éireann Debate, Thursday - 5 May 2022
98. Deputy Mick Barry asked the Tánaiste and Minister for Enterprise, Trade and Employment if in the interests of work-life balance he will consider changes in legislation or in regulations to ensure that workers to receive the minimum notice for information regarding their shifts; and if he will make a statement on the matter. [22447/22]
View answerThe Terms of Employment (Information) Act 1994 transposed Directive 91/533/EEC concerning an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship. The Act provides that an employer must provide its employee with a written statement of the particulars of the employee’s terms of employment. Included amongst those particulars are the terms or conditions relating to hours of work, including overtime.
The Act also provides that an employer must to notify an employee of the nature and date of any change to the particulars contained in the written statement not later than one month after the change comes into effect. The Act provides a right of complaint to the Workplace Relations Commission where an employer fails to comply with either of the above.
Directive 91/533/EEC has now been updated by Directive 2019/1152 on Transparent and Predictable Working Conditions in the European Union. Article 4(2) of this Directive provides that, if the work pattern is entirely or mostly predictable, the length of the worker’s standard working day or week, arrangements for overtime and its remuneration and, where applicable, any arrangements for shift changes must be notified no later than the 7th calendar day after the commencement of the employment relationship.
For existing employees, the Directive stipulates that any change in the aspects of the employment relationship referred to in Article 4(2) shall be provided in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day on which it takes effect.
Plans are at an advanced stage to transpose Directive 2019/1152 into Irish law.
