Frances Black (Independent) | Oireachtas source

Amendment No. 30 seeks to delete subsection 13E(1)(a) which refers to "seasonal variations" and provides that the termination shall only be valid for the period in which such seasonal variations occur and upon the conclusion of that period, the flexible working agreement shall resume. This amendment is to ensure consistency with amendment No. 31 which seeks to ensure that seasonal variations in work or business do not prevent flexible work arrangements from being agreed or that seasonal variations are not used as a reason to permanently end a flexible work arrangement where it would be appropriate to continue it outside the period of seasonal variation. Amendment No. 31 would provide that an employer may also terminate an agreement under subsection (1) where the employer is satisfied that the flexible working arrangement would have or is having a substantial adverse effect on the operation of his or her business, profession or occupation by reason of seasonal variations in the volume of the work concerned. However, the termination shall only be valid if the period in which such seasonal variations occur, and upon the conclusion of that period, the flexible working agreement shall resume. The amendment aims to ensure that flexible work agreements are not permanently ended due to seasonal variations.