Sorca Clarke
Question:61. Deputy Sorca Clarke asked the Minister for Enterprise, Trade and Employment to provide an update on the publication of remote working code of practice. [51133/23]
View answerThursday, 23 November 2023
Questions (61)
Written answers
The right to request remote working has been integrated into the Work Life Balance and Miscellaneous Provisions Act 2023, which was led by the Minister for Children, Equality, Disability, Integration, and Youth (DCEDIY), and was enacted on the 4th of April 2023. The provisions of the Act pertaining to the right to request remote working are contained in Part 3 of the Act and have not yet been commenced.All employees will have a right to request remote working under the Act. The right to request the other elements of a flexible working arrangement, such as adjusted working patterns or reduced hours, will remain limited to parents and carers as defined in the Work Life Balance Act, though there is provision in the Act for this to be reviewed after two years.One Code of Practice is being developed which will provide practical guidance to employers and employees on dealing with requests under the new law.Employers will be obliged to have regard to the Statutory Code of Practice when considering applications for flexible and remote working arrangements. Employees will be able to refer a dispute to the WRC where an employer fails to have regard to the Code of Practice and their obligations under the Act. Work on the development of the Code of Practice is ongoing in the Workplace Relations Commission. Since a public consultation closed in June of this year, the WRC have reviewed the 51 submissions received, as well as other relevant policy documentation, research, and best practice as part of finalising a working draft Code.A Working Group has been established and is attended by representatives from ICTU and Ibec. To date, four meetings have taken place at the WRC on the Code. This Working Group is meeting regularly in order to have a robust Code of Practice published as soon as possible. The WRC is independent in carrying out its functions and consults with the Social Partners in the preparation of such codes. While no date has been set, I would hope that the Code could be completed by the end of January 2024. The legislation will come into force as soon as practicable following the completion of this Code.