By Sarah Fagan
2022 brought a slew of HR and Employment Law updates such as changes to Statutory Sick Pay, Minimum Wage, Gender Pay Gap Reporting, Workplace Harassment, Whistleblowing, Tips and Gratuities, and Bank Holidays entitlements.
This trend is set to continue in 2023, with changes around Work Patterns, Flexible and Remote working, Leave entitlements, and Pension reform. One change that seemed to go relatively under the radar of media reports was the introduction of The European Union (Transparent and Predictable Working Conditions) Regulations 2022 which was signed into Irish law on the 16th December 2022.
The aim of the new directive is to improve working conditions by encouraging increased transparency and predictable employment terms. Whilst Ireland had existing legislative protection in place regarding written terms of employment, this new directive introduces further obligations for employers, and we strongly encourage employers to review their terms of employment to ensure that they are compliant.
The major changes are to the following:
Probationary Periods
Probationary periods are limited to six months; but this period can be increased if it can be justified by the Employer or if the Employee is absent due to illness or leave.
Information Relating to Employment
Irish Employers are already obliged to provide certain information to Employees within 5 days of commencing employment. The Directive now provides that a number of items, that were previously part of the written statement to be provided within two months of commencing employment, must now be provided as part of the ‘Day 5’ statement. Separately, all other terms of employment required to be provided to Employees as per the Terms of Employment (Information) Act 1994 are now required to be provided within one month of the employment commencement date (previously two months)
Exclusivity Clauses
The Directive prohibits exclusivity clauses and places limits on incompatibility clauses, it also provides the right to Employees to take up parallel Employment, subject to certain exceptions. Any adverse treatment of an Employee who does take up other employment is prohibited
Predictable Work
Employees with very unpredictable working schedules, and those carrying out ‘on-demand’ work now have the right to know in a reasonable period in advance when work will take place. There is anti-abuse legislation for zero-hour contract work and the Directive also provides the right for employees to request to be transferred to a form of employment with more predictable and secure working conditions where available and to receive a reasoned written reply
Training
If mandatory training is required for an Employee to carry out their job, then this must be provided at no cost to the Employee and the training provided during working hours.
This is just one of the updates that Irish businesses need to be aware of in 2023. There are many more pending. One that there is a much attention on is the Work Life Balance Bill which covers off the much debated ‘Right to Request remote Work’. We are still awaiting the passing of Bill which had been expected to be delivered by the end of 2022 but seems to have stalled. There are many expected provisions in the Bill that will impact employers in Ireland. Our Employment Law experts at Adare Human Resource Management will keep tracking the status of the Bill so we can inform our clients of their latest obligations to stay compliant.
We know it can be daunting for your business to keep up to date with the ever-changing employment law obligations. If you have any questions or concerns about these changes and how they impact your business please contact our experts in Adare Human Resource Management on 01 561 3594 / 061 363 805 or email info@adarehrm.ie.