Alice-Mary Higgins (Independent) | Oireachtas source

I seek more clarification from the Minister. I have amendments in this section also. The Minister indicated the employer can waive the requirement but I do not see where in the Bill this is allowed. In fact, the language is quite strong and clear in this respect. On page 14, subsection (4) states, "An employee's approved flexible working arrangement shall not commence before a time when the employee concerned has completed 6 months continuous employment with the employer concerned." The Minister will be aware that my amendment in the grouping would insert, after "not", "subject to the approval of the employer and the employee". If there were a discretionary right to ensure a flexible working arrangement can begin from the first day, with the approval of the employer, it would be fine, but the legislation states "shall not commence". It does not state "excepting where an employer chooses to have a waiver". In fact, it almost seems to prohibit it. Many employers lose out on really good people because sometimes very good people are available only if there are flexible working arrangements. Women returning to work sometimes have vast experience and incredible qualifications but may be interested in returning only on a flexible basis. If they have to work for six months without flexibility, it almost defeats the purpose. This points to a fundamental misunderstanding of flexible working arrangements as arrangements that solely benefit the employee rather than ones that are very positive and workable and result in work that is as good as, or of higher quality than, that which would otherwise be done.

The six-month requirement is creating an unnecessary hurdle. If the Minister is saying employers may have a discretionary agreement for the first six months and then operate based on a legislative arrangement, it seems needlessly messy. In that scenario, somebody would be asked to take a job on the basis of what may come down the line in six months as opposed to a clear, improved flexible working arrangement resulting in a common understanding at the point of deciding to take or do the job.The Minister has mentioned this waiving of this six-month waiting period a number of times but I do not see the clause that allows for it. It may be that it is included in another part of the legislation that I have not seen, in which case I would be delighted and happy to withdraw my amendment.