Tánaiste Signs Code of Practice on Right to Disconnect

From today, all employees officially have the Right to Disconnect from work and have a better work-life balance, after Tánaiste and Minister for Enterprise, Trade & Employment Leo Varadkar TD brought in a new Code of Practice.

The Tánaiste is today also inviting views on his plans to put the right to request remote working into law.

Both are part of the Tánaiste’s commitment to create more flexible family-friendly working arrangements, including working from home and working more flexible hours. They also build on the Our Rural Future plan published this week, the Government’s blueprint to transform rural Ireland, by facilitating more people to work remotely and flexibly.

The Tánaiste, said:

“The pandemic has transformed working practices, and many of those changes will be long-lasting. Although much of the impact of the pandemic has been negative, particularly for those who have lost jobs, income or whose businesses have been closed, it also offers an opportunity to make permanent changes for the better, whether that’s working more from home, having more time with the family, or more flexible working hours.

“I am announcing two things today. Firstly, I have signed a new Code of Practice giving all employees the Right to Disconnect. This is effective immediately. Secondly, I am opening a public consultation on the right to request remote working, inviting views from all on how this right can be enshrined in law.”

Right to Disconnect

The Right to Disconnect gives employees the right to switch off from work outside of normal working hours, including the right to not respond immediately to emails, telephone calls or other messages. There are three rights enshrined in the Code which comes into effect today:

• The right of an employee to not have to routinely perform work outside their normal working hours.
• The right not to be penalised for refusing to attend to work matters outside of normal working hours.
• The duty to respect another person’s right to disconnect (e.g., by not routinely emailing or calling outside normal working hours).

The Tánaiste said:

“The Code of Practice comes into effect immediately and applies to all types of employment, whether you are working remotely or not. It will help employees, no matter what their job is, to strike a better work-life balance and switch off from work outside of their normal working hours.”

The Code of Practice needs employers and employees to work together to determine the appropriate working arrangements and policies. Because the Code is flexible, employees will have more options to work outside of traditional hours, which many people have availed of during the pandemic. And it reflects the fact that many Irish employees are part of a global network, requiring contact with colleagues around the world.

While placing the onus of management of working time on the employer is appropriate, individual responsibility on the part of employees is also required (e.g., being mindful of other colleagues’ right to disconnect or cooperating with any employer mechanism to keep a record of hours worked).

If problems or issues arise, employees have the right to raise the matter with the Workplace Relations Commission.

The draft Code was developed by the Workplace Relations Commission, following a request by the Tánaiste in November 2020, underpinning the commitment made in the Programme for Government to facilitate and support remote working.

Minister of State for Business, Employment and Retail, Damien English, TD, said:

“The right to disconnect has never been more important following a seismic shift in work practices this time last year, as Government asked people who could work from home to do so in the interest of suppressing the virus.  The publication of the Code of Practice is a positive step in providing practical guidance on the right to disconnect.  It will ensure that both employers and employees are aware of their requirements and entitlements and understand how they apply, especially when it is time to unplug and recharge the batteries by switching off properly from work, especially in a remote working scenario.”

The Director General of the WRC, Liam Kelly, commented:

“Disconnecting from work and work-related devices necessitates a joint approach by employers and employees. While placing the onus of management of working time on the employer is appropriate, individual responsibility on the part of employees is also required.”

The Tánaiste noted:

“Thanks to the WRC for its role in putting this Code together. I’d also like to thank and acknowledge the work of ICTU and Ibec for their contribution. I now encourage employers to engage proactively with employees to develop a Policy suited to their needs. The Code of Conduct includes a generic template policy to get people started.”

Right to Request Remote Working

The Tánaiste is today also inviting views on his plans to put the right to ask for remote working into law.

The Tánaiste said:

“Putting the right to request remote working into law will provide a clear framework around which requesting, approving or refusing remote work can be based. In putting this into law, we recognise that remote working doesn’t work for everyone or for every organisation, so the Government will take a balanced approach with the new legislation. I encourage employers and employees alike to engage with this consultation and make their views known.”

Currently in Ireland, all employees can ask their employers for the right to work remotely, but there is no legal framework around which a request can be made and how it should be dealt with by the employer. This new law will set out clearly how these requests should be facilitated as far as possible.

Not all work lends itself easily to remote working, for example where a worker needs to be physically present on site to do a task, interact with others, or use location-specific specialised machinery or equipment. In cases where remote work is suitable, a hybrid or blended model with a combination of remote work and onsite work may be the preferred arrangement. Some organisations may prefer a model where employees are required to come onsite only a few days a week or month. Some companies will need a core of ‘anchor’ people, who will be in the office or on site most days because they need to be. The new law will look at how all of these possibilities can be facilitated.

The closing date for submissions is Friday 7^th May.