Dáil debates

Thursday, 7 April 2022

Ceisteanna Eile - Other Questions

Flexible Work Practices

10:10 am

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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12. To ask the Minister for Enterprise, Trade and Employment the measures that he will introduce to secure for workers the right to work from home when possible; and if he will make a statement on the matter. [18806/22]

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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Without robust legislation securing a legal right to work from home, workers are concerned they will be forced to return to on-site working and denied the option of remote or hybrid working. When will the Government deliver robust legislation that will secure this legal right?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The right to request remote working Bill is part of a broader Government programme to make remote working a permanent feature of Ireland's workforce in a way that can benefit all - economically, socially and environmentally. Throughout the pandemic, many employers went to great lengths to give their employees as much flexibility around where they work as possible. The world of work has changed before our eyes and we want to retain some amount of remote working once Covid is firmly behind us.

In practice, employers and employees in the workplace are agreeing to arrangements that suit both sides. In most cases, this is hybrid working, with some days in the office and some at home or elsewhere. With the right to request remote working Bill, we will, for the first time, provide a legal framework around which requesting, approving or refusing a request for remote work can be based. It will also provide legal clarity to employers on their obligations for dealing with such requests.

Pre-legislative scrutiny of the general scheme commenced on 9 February. Departmental officials are scheduled to attend a further meeting on 4 May. I have already indicated that I intend to strengthen the legislation and I hope some good proposals emerge from the committee during its pre-legislative scrutiny. My Department is examining further the legal issues related to strengthening the redress provisions and the right of appeal and is taking legal advice on the matter. I have requested officials to consult union and employer representatives further in this regard over the coming weeks.

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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It has been said time and again that remote working is one of the big takeaways of Covid. We have seen its great benefits. The necessary technology existed but the cultural shift towards using it happened during Covid. Many people want to retain this. They do not want to have to commute, which can mean spending three hours per day in a car. Remote working gave workers more time at home with children. It improved the lives of workers, which in itself improved productivity. It is a win–win for all.

The draft Bill, as it stands, is not fit for purpose. It was not written with workers in mind; it was written for employers. In criminal law, reference is made to presumptions. A presumption can be rebutted but the presumption in this case seems to lie with the employer rather than the employee. The legislation grants a right of refusal to employers. To dress this legislation up as affording a right to workers while at the same time including multiple clauses to ensure they can never access the right is wrong. I understand that amendments have been proposed. Will the Tánaiste amend the Bill to guarantee a right to work remotely? Can he elaborate on the amendments he will be submitting?

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The legislation is just in draft form, as the Deputy knows. There are heads of Bill. The general scheme is currently with the committee. It is carried out hearings involving the relevant stakeholders and its members will meet my officials again on 4 May. I will make a decision once I get the report back from the committee on what it recommends by way of improvements or changes.

I am a big supporter of remote working; I am an advocate for it. It should be encouraged so long as the services provided to the public are not diminished and business performance is not adversely affected. We need to be practical also, however. Working from home cannot be an absolute right and some work cannot be done remotely. While other work can be done remotely, it cannot be done as well remotely. We need to bear in mind that the public is entitled to high-quality services. If you run a business, it is reasonable to say you want an employee to come into the office for one or two days per week. We have to get the balance right between promoting remote working and not going so far as to diminish the quality of services provided to the public or undermine business performance. That is what we are trying to balance at the moment.

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I entirely accept that there is a need for a balance and that there are jobs that cannot be done from home. Nobody is suggesting an absolute right. Again, I return to the point that inasmuch as there is a presumption, it seems to lie more strongly with the employer than the employee. It is important that workers be well protected in this regard. While the Bill is at heads stage, there is a bit of detail.

We will be waiting for a while for the Bill to be passed. In the interim, workers are being recalled to work on-site, in several instances against their wishes. We have a cost-of-living crisis and a fuel crisis, which is enormous for commuters, yet we are forcing workers to drive to their workplaces, incurring huge costs. If work duties can be performed from home and a worker wishes to work from home, that should be supported. Will the Government, in the absence of the legislation, encourage working from home by way of advice so workers can do so? This is incredibly important in any event, particularly given the cost-of-living and fuel crises.

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Currently, there is no legal right to request remote working. Somebody can request it, of course, but there is no legal mechanism by which it can be done. That is what the legislation tries to achieve. I am open to strengthening it. There are already some guidelines on remote working. I believe they were published a year or so ago. The new public sector policy on remote working was agreed just in the past week or so and published by the Minister for Public Expenditure and Reform, Deputy Michael McGrath. It sets out the policy, at least for public sector workers.

In reality, what I have heard is happening at workplace level in the vast majority of instances is that employers and employees are doing this for themselves and are coming up with very practical arrangements, mostly involving hybrid working and a requirement for, perhaps, everyone to be in the office on one particular day of the week, but a lot of flexibility around that.

We need to legislate for those instances where employers are being unreasonable and are not facilitating remote working where that could be done, and done well. That is what we are trying to get right. I genuinely look forward to the report from the committee when it is available to see what advice it has for us.