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Starting today, employees will have enhanced rights to disconnect from work outside of normal working hours, under a new Code of Practice published by the Government.
According to the code launched by Tánaiste and the Minister of Enterprise, Commerce and Employment Leo Varadkar, employees will have the right not to have to carry out “routine” work outside of their normal working hours, and they cannot be penalized if they refuse to respond. immediately in such circumstances.
It includes a duty to respect another person’s right to disconnect, by not routinely emailing or calling outside of normal business hours.
Formulated by the Commission on Workplace Relations, it aims to help employees “who feel obliged to regularly work more hours than those agreed in their terms and conditions of employment.”
There is no formal right to disconnect in Irish or European law.
Although non-compliance with the code is not a crime in itself, in any proceeding before a Court, the Labor Court or the CMR, it will be admissible as evidence “… and any provision of the Code that the Court, body or official sees fit interested party that is relevant to any issue that arises in the process will be taken into account to determine that issue.
“The Code of Good Practice takes effect immediately and applies to all types of employment, whether working remotely or not,” confirmed the Tánaiste.
“It will help employees, no matter what their job is, to achieve a better work-life balance and stop working outside of their normal working hours.”
However, he recognized that flexibility would be needed to accommodate employees in global business.
“Because the Code is flexible, employees will have more options to work outside of traditional hours, which many people have taken advantage of during the pandemic. And it reflects the fact that many Irish employees are part of a global network, which requires the contact with colleagues from all over the world, “he said.
If problems arise, complaints can be taken to the Workplace Relations Commission.
WRC CEO Liam Kelly emphasized that disconnecting from work and work-related devices required a joint employer-employee approach.
“While it is appropriate to place responsibility for work time management on the employer, individual responsibility on the part of employees is also required,” he noted.
The Minister of State for Commerce, Employment and Commerce, Damien English, said that the right to disconnect had never been more important after the “seismic” change in labor practices over the last year.
“It will ensure that both employers and employees are aware of their requirements and rights and understand how they apply, especially when it is time to unplug and recharge batteries by properly shutting down work, especially in a remote work setting,” he commented. .
On the other hand, the Tánaiste has launched a consultation process on its plans to legislate for the right to request remote work.
Submissions must be received by May 7th.
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