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Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 8: In page 3, line 22, to delete “ “ ‘adopting parent’ ” and substitute the following: “ “ ‘Act of 2015’ means the Workplace Relations Act 2015; ‘adopting parent’ ”. These are technical amendments arising from the amendments being introduced. They rectify some drafting issues...

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 9: In page 4, lines 2 and 3, to delete “section 13C(1)(a)” and substitute “section 13C(1)(b)(i)”. The amendment amends section 6 to insert a new section 13C into the Parental Leave Act. Section 13C sets out the obligations on the employer when considering a request for flexible working. The new section 13C revises the wording of the...

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 10: In page 4, between lines 6 and 7, to insert the following: “ ‘code of practice’ means any code of practice for the time being standing approved in accordance with Part 4of the Work Life Balance and Miscellaneous Provisions Act 2022;”. These amendments introduce provisions for the development of statutory code of practice that...

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: The code of practice will be developed by the WRC. It is probably the best place to synthesise the views of employers and employees. It has a central understanding of the needs and legalities around the rights of workers.

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: With respect, I have answered this question every time the Deputy has asked it. What we are introducing is a statutory minimum provision that will apply to all workers across all sectors. Obviously, in many sectors in both the public and private sphere, employers provide more than a statutory minimum, whether that is with regard to leave, pay or a variety of issues. What we are providing...

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 12: In page 12, line 5, to delete “section 13C(1)(a)” and substitute “section 13C(1)(b)(i)”.

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 13: In page 12, to delete lines 21 to 41, and in page 13, to delete lines 1 to 42 and substitute the following: “Obligation on employer to consider request under section 13B 13C.(1) An employer who receives a request for a flexible working arrangement submitted in accordance with section 13B(6) shall— (a) consider that request, having regard to his or...

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 14: In page 13, line 43, to delete “proposed”.

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 15: In page 13, line 44, to delete “13E.” and substitute “13D.”. Amendment No. 20 inserts a new section, 13E, into the Parental Leave Act to provide for the termination of a flexible working arrangement by an employer where the arrangement would have a substantial adverse effect on the operation of their business. The employer must give...

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 16: In page 13, lines 44 and 45, to delete “section 13C(1)(a)” and substitute “section 13C(1)(b)(i)”.

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 17: In page 14, line 9, to delete “section 13C(1)(a)” and substitute “section 13C(1)(b)(i)”.

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 18: In page 14, lines 11 and 12, to delete “section 13C(1)(a)” and substitute “section 13C(1)(b)(i)”.

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 19: In page 14, lines 21 and 22, to delete “section 13C(1)(a)” and substitute “section 13C(1)(b)(i)”.

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 20: In page 14, between lines 35 and 36, to insert the following: “Termination in certain circumstances of flexible working arrangement 13E.(1) If, after the date on which an agreement referred to in section 13C(1)(b)(i) is signed by the employer and the employee (whether or not the approved flexible working arrangement to which it relates has commenced), the...

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 21: In page 14, line 37, to delete “section 13C(1)(a)” and substitute “section 13C(1)(b)(i)”.

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 22: In page 15, to delete lines 4 to 12 and substitute the following: “(3) An employer who receives a request referred to in subsection (1) shall consider that request, having regard to his or her needs and the employee’s needs and, as soon as reasonably practicable but not later than 4 weeks after receipt of the request, shall provide a notice in...

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 23: In page 15, line 28, to delete “section 13C(1)(a)” and substitute “section 13C(1)(b)(i)”.

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 24: In page 15, line 30, to delete “notice).” and substitute “notice) on which the employee must return to work.”.

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 25: In page 16, line 2, to delete “her.”.” and substitute the following: “her. Review of Part 13H. The Minister shall, not earlier than one year and not later than 2 years after the commencement of this Part, after consultation with the Minister for Enterprise, Trade and Employment, the Workplace Relations Commission, persons whom he or...

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) (7 Dec 2022)

Roderic O'Gorman: I move amendment No. 26: In page 18, lines 3 and 4, to delete “section 21A(1),” and substitute “section 21A,”. This is a technical amendment consequential to the insertion of a revised section 21A into the Parental Leave Act by amendment No. 27. The revision of this section is intended to extend recourse to the Workplace Relations Commission for an employee...

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