New provisions under the Work-Life Balance and Miscellaneous Provisions Act 2023 came into force Thursday, 7^th March 2024 after Government approval of a Code of Practice on the right to request remote working for all employees and the right to request flexible working arrangements for caring purposes.

The Code, prepared by the Workplace Relations Commission (WRC), provides guidance for employees who apply for remote or flexible working, and guidance for employers in responding to those requests.

The core elements of the right to request remote work are as follows:

• All employees will have a right to request a remote working arrangement.
• There will be a qualification period of six months’ continuous employment before an employee will be entitled to commence the requested remote working arrangement.
• The employee must submit the request at least eight weeks before the proposed commencement of the arrangement.
• The request must set out certain details of the requested arrangement, such as the proposed date of commencement, and where applicable, the date of expiration of the arrangement.
• The employer must respond to the request no later than four weeks after the request has been made, but this period may be extended by up to eight weeks if the employer is having difficulty in assessing the viability of the request.
• The employer must consider the needs of both parties, and the provisions of the Code of Practice when responding to a request.
• If the request is approved, the employer and the employee must enter into an agreement setting out the details of the arrangement and  the date of commencement and expiration (if applicable) of the arrangement
• If refusing, the employer must provide reasons for refusal
• The Act provides for a process under which an employer may terminate a remote working arrangement if it is having a substantial adverse effect on the operation of the employer’s business or if there is abuse of the arrangement.
• The WRC may award up to four weeks’ remuneration in respect of a breach of the requirements in respect of managing an employee’s request and/or direct compliance with the requirements of the Act
• The WRC will not be entitled to consider the “merits” of any decision made by the employer to refuse a request, including the reasons for reaching their decision.

Core elements of the Right to request a flexible working arrangement (for caring purposes)

• Flexible working is defined as an arrangement where an employee’s working hours or patterns are adjusted, including through the use of remote working, flexible working schedules or reduced working hours
• Employees (i) who have a child up to the age of 12 (or 16 if the child has a disability or long-term illness) and (ii) employees who are caring for a relative or someone they live with and who needs significant care or support for a serious medical reason will have the right to request flexible working arrangements for a particular period.
• There will be a qualification period of six months’ continuous employment before an employee will be entitled to commence the requested arrangement
• The approval and termination process is similar to the process in respect of a request for remote work (see above).
• The WRC may award up to 20 week's remuneration in respect of a breach of the requirements in respect of managing an employee’s request and/or direct compliance with the requirements of the Act
• The WRC will not be entitled to consider the “merits” of any decision made by the employer to refuse a request, including the reasons for reaching their decision.

Please click HERE for a copy of the WRC Code of Practice 

And click HERE for a remote working checklist issued by DETE.