Billy Kelleher (Cork North Central, Fianna Fail)
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232. To ask the Minister for Employment Affairs and Social Protection the legislative Acts and provisions in operation for consideration to be given to requests from employees for flexible working arrangements in the workplace. [17971/19]

Regina Doherty (Meath East, Fine Gael)
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In Ireland, there are no explicit legislative provisions governing flexible hours and flexible working arrangements.  Flexible hours and flexible working arrangements are generally at the discretion of individual employers and are not governed by specific legislation.

The Protection of Employees (Part-Time Work) Act 2001 (the 2001 Act) implemented EU Council Directive 97/81/EC into Irish law.  The purpose of the Directive was to eliminate discrimination against part-time employees and to improve the quality of part-time work.  It also aimed to facilitate the development of part-time work on a voluntary basis and to contribute to the flexible organisation of working time in a manner which takes into account the needs of employers and employees.

Section 13(5) of the 2001 Act contains provisions regarding the preparation and publishing of a Code of Practice by the Workplace Relations Commission in relation to the steps that could be taken by employers for the purposes of giving consideration to a request by workers to transfer from full-time work to part-time and vice-versa.

Following consultation with the social partners, the Code of Practice (Code of Practice on Access to Part-Time Working) (Declaration) Order 2006 (S.I. No. 8 of 2006) was implemented, in 2006.  The Code is admissible in evidence in any proceedings before a Court, the Labour Court or an Adjudication Officer of the Workplace Relations Commission. 

The Code seeks to: 

- Encourage best practice and conformity with the provisions of the Employment Equality Acts 1998-2004 and the Protection of Employees (Part-Time Work) Act 2001;

- Promote the development of policies and procedures to assist employers, employees and their representatives, as appropriate, to improve access to part-time work for those employees who wish to work on a part-time basis;

- Promote discussion and encourage employers, employees and their representatives, as appropriate, to consider part-time work and to address any barriers that may exist;

- Stimulate employers - where consistent with business requirements - to provide wider access to part-time work options;

- Provide a framework and practical guidance on procedures for accessing part-time work;

- Inform those who are interested in part-time work.

Further information regarding the rights of part-time employees is available from Workplace Relations Commission's Information and Customer Service.

I hope this clarifies the matter for the Deputy.

Clare Daly (Dublin Fingal, Independent)
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233. To ask the Minister for Employment Affairs and Social Protection if a worker on a 26 to 31 hour band can work more hours provided both the employer and the employee agree to same. [17975/19]

Regina Doherty (Meath East, Fine Gael)
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In general an employee who is employed on any band of hours can work more hours provided both the employer and employee agree to same. 

Employers can flex employees’ hours of work provided such hours do not breach the employment contract or the Organisation of Working Time Act.

I hope this clarifies the matter for the Deputy.