Dáil Éireann Debate, Thursday - 23 February 2023
79. Deputy Ged Nash asked the Minister for Enterprise, Trade and Employment if he has any plans to undertake a formal review of the operation of the Employment (Miscellaneous Provisions) Act 2018; and if he will make a statement on the matter. [9000/23]
Amharc ar fhreagraMy Department closely monitors relevant national and international developments and case law from the Workplace Relations Commission (WRC), Labour Court and High Court to keep Ireland’s extensive suite of employment rights legislation current and fit for purpose.
The Code of Practice on Access to Part-Time Work was drawn up by the then Labour Relations Commission in consultation with the social partners pursuant to the Protection of Employment (Part-Time Work) Act 2001. The 2001 Act gave effect to a Council Directive on the Framework Agreement on Part-Time Work concluded by the European social partners.
Among other provisions, the Code of Practice sets out that, as far as possible, employers should give consideration to a request by workers to transfer from part-time to full-time work or to increase their working time should the opportunity arise. The Code was put on a statutory footing in S.I. No. 8 of 2006.
During the passage of the 2018 Act, on foot of Dáil and Seanad debates, the then Minister engaged with the WRC on a review of the 2001 Act and 2006 Code of practice. It was decided in 2019, as the 2018 Act had only just commenced, that some time post enactment would be required to gauge the impact of that significant piece of legislation.
In my view it is now timely that a comprehensive review of both the Code and the Act of 2018 is carried out. Therefore, as Minister, I have written to WRC requesting that they review the Code of Practice on Part Time Work and the Employment Miscellaneous Provisions Act 2018 in consultation with all relevant stakeholders.
I would expect the review will establish if the legislation continues to meet the current needs or if any amendments are required.
