Right To Request Remote Working And Right To Request Flexible Working Arrangements COP Published Today

The right to request remote working arrangements for all Employees and the right to request flexible working arrangements for parents and carers has come into operation today, March 7th, 2024, with the Minister for Enterprise, Trade and Employment, Simon Coveney officially approving the publication of the Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working.

Provisions for the right to request remote working for all Employees and the right to request flexible working arrangements for parents and carers are available under the Work Life Balance and Miscellaneous Provisions Act, which was enacted on April 4, 2024, and these rights are now in operation. The right to request flexible working for parents and carers transposes Article 9 of the EU Work Life Balance Directive. Ireland has now fully transposed the Directive.

Employers and Employees are obliged to have regard to a Code of Practice when considering applications for remote working arrangements. Employers must also have regard to the code if terminating a flexible working arrangement. Employees will be able to refer a dispute to the Workplace Relations Commission (WRC) where an employer fails to fulfil their obligations under the Act and the Code will be admissible in evidence in proceedings before a court, the Labour Court or the WRC.

Announcing that the right to request remote working arrangements has come into operation and that the Code of Practice has been approved, Minister Coveney said:
“I am pleased to announce that the right to request remote working arrangements is now available to all employees. Remote working became a new norm for many employers and employees in the wake of Covid-19 and it is clear it is here to stay. This Government is committed to facilitating and supporting remote working, to reduce our time commuting and to enable families to spend more time together.

Employers should now review the Code of Practice to understand how best to support and facilitate the appropriate policies and practices across their Organisation in advance of any requests.

If you need additional support to confidently prepare for compliance with the new Code of Practice concerning remote and flexible working requests, please do contact our experts in Adare Human Resource Management on 01 561 3594 / 061 363 805 or email info@adarehrm.ie.