Enterprise Committee publishes report on the Working from Home (Covid-19) Bill, 2020

The Private Members’ Bill sponsored by Labour Party Deputy Alan Kelly, seeks to introduce the ‘right to disconnect’ in Irish law, update the regulatory framework to address issues arising from employees working from home and widen the access of the working from home expense payment.

The purpose of the Bill is to provide for the following three issues:

• The ‘right to disconnect’ in Irish law;• An update of the regulatory framework, as set out in the Safety, Health and Welfare at Work Act 2005, to address the issues arising from employees working from home; and

• A widening of access to the discretionary working from home expense allowance of up to €3.20 per day without deducting PAYE, PRSI or USC that is permitted by the Revenue Commissioners.

The Select Committee on Enterprise, Trade and Employment agreed to undertake Detailed Scrutiny of the Bill in February 2021 and invited stakeholders to make written submissions on the General Scheme.

Submissions were received from: Ibec,ICTU and ISME.

The report makes a number of recommendations: 

• The need for a ‘right to disconnect’ to be delivered by way of legislation, and for access to the WRC where issues arise.

• The need for a legal right to request remote working, and for that right to be considered and recourse to the Workplace Relations Commission where it is refused.

• The Committee notes failure to follow a code prepared under s20(1)s of the WRC Act 2015 is not an offence and therefore does not have the same impact or convey the same message to employers and employees compared with a right set down in law.

• The Committee recommends changes to legislation must be introduced so that employment contracts for new and existing workers are updated to ensure, that where appropriate, out of hours communications policy of the workplace, are set out.

• There should be a review of all employment and health and safety legislation to ensure it is fit for purpose as remote and hybrid home arrangements are now a sizable and growing feature of employment in Ireland. 

• Reforms should be introduced such as a tax relief to reflect, in the case of remote work, that the costs of operating an office have been transferred in part or in full, from employers to employees.

Speaking at the launch of the report, Committee Cathaoirleach Deputy Maurice Quinlivan said: “A significant consequence of the Covd-19 pandemic was the sudden, unplanned, and large increase in the number of employees temporarily working from home on a regular basis from 200,000 to 700,000.” 

“Increased use of technology in the workplace has made it easier for employees to access work-related communications at all hours of the day and night. This has led to a blurring of the distinction between working time and rest from work.”

“The Bill’s sponsors expressed their intent to protect the rights of the large numbers of workers who are now working from home. They are proposing two new protections for workers working from home. The first is giving all workers the right to switch off.”

“This is a fundamental and very important protection that ensures workers are not being put under pressure to work all hours.”

“The Bill requires employers to inform employees what their policy is in relation to out-of-hours communication and gives protection to employees from being punished for failing to respond to emails or other communications out of hours. We would not be the first country in Europe to do something in this space, as France, Italy, Spain and Belgium have all passed legislation to tackle this issue. Ireland is also one of the few EU countries without any modern protection in employment law for remote working.”

“The Joint Committee is aware that the Government has indicated its intention to enact its own legislation addressing the Right to Request Remote Work. When that legislation proceeds, the Joint Committee requests that the key issues raised in this report and the conclusions reached during the detailed scrutiny process are taken onboard by the Government and implemented.”

The report will now be considered by the Select Committee on Enterprise,Trade and Employment and Taoiseach which will make the decision as to whether to recommend that the Bill should or should not proceed to Committee Stage.

Notes to editor 

The Working from Home (Covid-19) Bill 2020 was introduced to the Dáil on 12November 2020 and completed Second Stage on 18 November 2020. The Bill was not opposed by Government and passed without a formal vote.

The report and its recommendations in full are available here.