A new law aimed at giving employees the right to request remote work is to be included in the 'Work Life Balance' bill which is expected to be delivered by the end of the year.
Rather than passing separate pieces of legislation, the Government said that amending the Work Life Balance Bill is the most efficient and practical way to introduce the right to request remote work to all workers.
It means that employers and employees will now be making and considering requests for flexible or remote working under one law and one Code of Practice to be developed by the Workplace Relations Commission (WRC).
The Code of Practice will be established on a statutory footing and it is expected that it will include guidance to employers and employees on their obligations regarding compliance.
"This will streamline the process and will help avoid inconsistencies and confusion," according to a statement from the Department of Enterprise, Trade and Employment.
Unions had criticised the 'Right to Request Remote Working Bill' saying it was stacked in favour of the employer when it came to grounds for refusal and grounds for appeal.
Employers had questioned the need for the legislation and had warned that it may result in additional administrative burdens for businesses.
The Right to Request Remote Working Bill provided for 13 specific grounds upon which an employer could refuse a request.
Under the new integrated bill, the grounds for refusal will be replaced by an obligation on the employer to consider both their needs and the needs of employees when assessing a request.
Employers will also be required to have regard to the new code of practice and a complaint can be taken to the Workplace Relations Commission where an employer hasn't complied with the code.
The Government says this represents an enhanced right to complaint, when compared with the original Right to Request Remote Working Bill.
"I am pleased that the Government and my colleague Minister Roderic O’Gorman has agreed to include this important new legal right for all workers in the Work Life Balance Bill which is already well advanced in the Oireachtas," said the Tánaiste and Minister for Enterprise Trade and Employment, Leo Varadkar.
"Our collaboration on this legislation shows the commitment across Government to develop fairer, safer and more attractive workplaces," he said.
Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman said the new legislation will be kept under review.
"That is why I intend to introduce a provision in the Bill for the flexible working provisions to be reviewed after two years, including a consideration of extending the entitlement to a right to request flexible working to all employees," he said.
The Irish Congress of Trade Unions said that integrating the two pieces of legislation will deliver workers a statutory right to request remote working before the end of this year, months ahead of the expected schedule.
"Unions have been clear that full flexibility for all workers is necessary to close the emerging work-life balance privilege gap between workers who can work remotely and those in jobs requiring a physical presence," said ICTU General Secretary Owen Reidy.
