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By Tara Daly 21 Mar, 2024
The WRC has now published the long-awaited Codes of Practice for Employees on the Right to Request Flexible Working (FW) and Right to Request Remote Working (RW). The purpose of these Codes is to provide practical guidance to employers, employees and any other persons as to the steps that may be taken for complying with requests for both remote working and flexible working. These Codes were produced under the Work-Life Balance and Miscellaneous Provisions Act 2023, which also brought about a number of other changes in the last year, including Domestic Violence Leave and Leave for Medical Care Purposes. While a Code of Practice is not legislation and failure to comply with the code is not an offence in itself, the Code of Practice is admissible in evidence in the Labour Court or to an Adjudication Officer of the WRC, and an employer’s compliance will be considered when determining any case before it. Specifically, the purpose of the Code is to: set out the detail of the processes regarding making and managing requests for flexible working (FW) and remote working (RW) including when changes are sought or made to the agreed arrangement; support employers in objective, fair and reasonable decision-making when considering requests for FW or RW; offer practical guidance on best practice to employers, employees and/ or their representatives to ensure compliance with the legislation; assist in developing workplace policies and procedures for dealing with flexible working and remote working requests so as to provide clarity, transparency and consistency for both employees and employers; provide guidance for the resolution of disputes in relation to requests for FW or RW insofar as it relates to the processing of the requests; provide information to the public in relation to the relevant enactments. FLEXIBLE WORKING (FW) The Code of Practice defines and sets down a number of examples of what constitutes Flexible Working, including; Part-time work; Term-time work; Job-sharing; Flexitime; Compressed working hours and Remote Working. REMOTE WORKING (RW) The Code of Practice outlines that all employees have the right to request Remote Working, which was defined in the Work Life Balance Miscellaneous Provision Act 2023 as, an arrangement whereby some or all of an employee's work is carried out at a place other than the employer’s place of business without change to the working hours or duties. In order for an employee to make a statutory request for FW they must have six months continuous service and must be; the parent or acting in loco parentis to a child under 12 years of age or under 16 years if the child has a disability or illness and who is or will be providing care to the child, or providing or going to provide personal care or support to a specified person namely the employee’s child, spouse or civil partner, cohabitant, parent or grandparent, sibling or a person other than one in the categories already specified who lives in the same household as the employee. The person must also be in need of significant care or support for a serious medical reason. The Right to Request RW All employees have the right to request remote working from the first day of the employment; However, as with FW, the employee must complete a minimum of 6 months continuous employment before the request can be approved, and the arrangement can start. MAKING THE REQUEST  Both Codes outline that the employee must submit a request for RW or FW to the employer in writing, signed by the employee and at least 8 weeks before the proposed starting date. The request for Remote Working must set out details of the RW arrangement i.e. how many days and which days requested; and the proposed starting and end date of the arrangement, if relevant; and the reasons for requesting RW. A request for Flexible Working for caring purposes must include the following information to help the employer with the decision-making process: the form of FW being requested; the proposed starting date; and proposed duration of the FW arrangement. As an employer can ask an employee for any additional information that they may reasonably require about the person in need of care, employees are encouraged to include the following relevant documents and/or information with their original application so as to expedite the process: details of whom the request for FW for caring purposes is in respect of i.e. a child or specified person; a copy of the child’s birth certificate or certificate of placement from a registered adoption agency or Tusla (the Child and Family Agency) RIGHT TO A RESPONSE When an employer receives a request for either RW or FW they must respond as soon as is reasonably practicable, but not later than 4 weeks after receiving the request. The response must Approve the request; and provide an agreement signed by the employer setting out the relevant details Provide notice in writing refusing the request and setting out the reasons as to why the request was refused Give written notice that more time is needed to assess the request, setting out the timeframe for a response When considering a request for both RW or FW the employer must have regard to the needs of the business and the needs of the employee. The Codes helpfully outline a number of factors which an employer may also take into account including; the type of work; key duties, access to equipment, how manual the role is; requirement for face to face engagements and the affect the FW or RW would have on the service quality or organisational operations including the number of staff on leave or on FW or RW arrangements already. The Codes provide protection of employees from penalisation for making a request and sets out the requirement for record keeping is three years for approved FW arrangements and one year all notices either given or received by the employer, and failure to keep these records is liable on summary conviction to a fine of €2,500. Key Takeaways Employers will need to ensure that they can show that they have fully considered the requests received by the employee, that their policies reflect the Codes of Practice and that they have evidence to show that they have adhered to them. For advice and guidance on implementing these Codes of Practices in your workplace, contact the team at MSS The HR People.
By Tara Daly 21 Mar, 2024
Communicating with people who are challenging can be difficult. Indeed, engaging with an employee who constantly challenges your ideas or who seems perpetually dissatisfied, requires tact, empathy, and assertiveness as it is precisely in these situations that effective communication becomes crucial. When working with others, especially in a team setting, maintaining open lines of dialogue is essential for success. So, let’s delve into strategies for handling those challenging conversations. Have an open conversation: Any issues with employees should be addressed by having an open and respectful conversation about improving your professional relationship. Listen to their perspective and explore ways to adjust your interactions. Clear up any misunderstandings through open dialogue and schedule ongoing discussions to strengthen your working relationship. Get to know your Team: Building the relationship beyond work is a great way to strengthen your connection with a challenging employee. Create a comfortable environment to learn about each other's interests and backgrounds and use conversation starters like discussing hobbies, interests, even the latest match results or work achievements to deepen your connection. Set a Good Example: Set a positive example when dealing with a challenging employee by prioritising professionalism and avoiding hostility or retaliation. Acknowledge any mistakes made, strive for better communication, and exhibit behaviours that can positively influence them to do the same. Avoid Workplace Gossip: Resist the temptation to gossip about difficult team members in the workplace. Engaging in gossip can harm your reputation and damage trust among colleagues, potentially leading to decreased morale and a toxic work environment. General Rules to go by; When dealing with conflict remember to at all times: • Stay calm - Resist the urge to retaliate and be hostile with your co-worker, as being calm will rationalise the situation. • Listen - If an employee is being difficult, listen to their side of the situation. • Create boundaries as to what is inappropriate and what you are not comfortable with. For example, if an employee is always being negative or questioning your decisions, you need to let them know how you feel before it escalates. Remember, it’s not just about getting the job done; it’s about fostering collaboration, understanding, and achieving common goals. By mastering the art of communication, you can keep stress levels down, build stronger relationships, and create a more harmonious work environment.  By Tara Daly
By Hugh Hegarty 19 Feb, 2024
In Ireland, it is a legal requirement that when someone works for you, there is a contract of employment in place. Simply put, this contract acts an agreement that your employee will work for you, and you will pay them for that work. While initially, it may be the case that not all the terms and conditions of employment are agreed, nonetheless, a contract must exist. An employment contract may be verbal, written, or a combination of both verbal and written. However, it is worth noting that while the contract of employment need not legally be in writing, the Terms of Employment (Information) Act 1994 does set out a legal requirement that certain Terms and Conditions be provided to your employee within one month of them commencing their employment. Meanwhile, the Employment (Miscellaneous Provisions) Act 2018 sets out core terms and conditions that must be supplied within 5 days of commencement of work. What must be include in the 5-day statement of core terms of employment? As mentioned above, the Employment (Miscellaneous Provisions) Act 2018 sets out that within 5 days of commencing employment, you the employer must give your employee a written statement of the following terms of employment: 1. The full names of the employer and employee; 2. The address of the employer, or of the principal place of business; 3. The place of work, or where there is no fixed or main place of work, a statement stating that there are various places or you are free to set your own place of work or to work at various places; 4. The title, grade or nature of the work (such as a brief job description); 5. The date of commencement of the contract of employment; 6. The expected duration of the contract (if the contract is temporary or fixed-term); 7. The remuneration, including the initial basic amount, any other component elements, if applicable, indicated separately, the frequency and method of payment of the remuneration to which the employee is entitled, and the pay reference period for the purposes of the National Minimum Wage Act, 2000; 8. The Number of Hours the employer reasonably expects the normal length of your working day and week to be; 9. The duration and conditions relating to the probation period if applicable; 10. Any terms or conditions relating to hours of work, including overtime. Written statement of terms of employment Following on from the initial 5 days work period, the Terms of Employment Information Act 1994 stipulates that your employee must receive a written statement of terms and conditions within one month of them starting work with you. The following must be included in that statement: 1. The full names of the employer and the employee; 2. The address of the employer; 3. The employee may request a written statement of the average hourly rate of pay; 4. Whether pay is weekly, fortnightly, monthly, or otherwise 5. Terms or conditions relating to paid leave other than paid sick leave) 6. Any terms or conditions relating to incapacity for work due to sickness or injury 7. Any terms or conditions relating to pensions and pension schemes 8. Periods of Notice or method for determining periods of notice 9. A reference to any collective agreements which affect the terms of employment; 10. A reference to any appliable REA or ERO and where the employee may obtain a copy of same; 11. The training entitlement, if any, provided by the employer; 12. If the employee is a temporary agency worker, the identity of the user undertakings; 13. If the work pattern is entirely or mostly unpredictable, the statement must state: a)that that work schedule is variable, the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours b)the reference hours and days within which the employee may be required to work c)the minimum notice period to which the employee is entitled to before the start of a work assignment and, where applicable, the deadline for notification in accordance with Section 17 of the Organisation of Working Time Act 1997, and d)where it is the responsibility of the employer, the identity of the social security institutions receiving the social insurance contributions attached to the contract of employment and any protection relating to social security provided by the employer. Failing to have the required employment contracts in place or failure to issue these Terms and Conditions on time, may leave your business vulnerable to claims. Luckily, we’re here to help you! Give us a call today and we will ensure your contracts and are up-to-date and all your employees receive the required documentation in a timely and efficient manner. By Hugh Hegarty
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