Written answers

Thursday, 20 February 2025

Department of Enterprise, Trade and Employment

Flexible Work Practices

Photo of Louise O'ReillyLouise O'Reilly (Dublin Fingal West, Sinn Fein)
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22. To ask the Minister for Enterprise, Trade and Employment the steps he will be taking to ensure that protections are in place for workers who are or want to work remotely; and if he will make a statement on the matter. [6620/25]

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
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The right to request a remote working arrangement has been available to all employees under the Work Life Balance and Miscellaneous Provisions Act 2023 since 6 March 2024.

The Act includes obligations for the employee and the employer with regard to requests for remote working arrangements, including details on how the request shall be made by the employee and details on how the employer must consider and respond to the request.

The legislation contains an obligation on the employer to consider both their needs and their employees’ needs when considering a request for a remote working arrangement.

Under the Act, employers and employees are obliged to have regard to a Code of Practice when considering applications for remote working arrangements. Following a public consultation, the Code was developed by the Workplace Relations Commission in consultation with employee and employer representatives over a number of months. The Code of Practice provides practical guidance for employers and employees on how to comply with the legislation.

Employees are able to refer a dispute to the WRC where an employer fails to fulfil their obligations under the Act and can obtain compensation if successful in their case. In addition, the Code of Practice is admissible in evidence in proceedings before a court, the Labour Court or the WRC.

The Act provides for a review of the Remote Working provisions of the Act, not earlier than one year and not later than two years after the commencement of the Act. As the legislation has been in operation for less than a year at this point, the review has not commenced yet.

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