Late night email from the boss? You’re now entitled to ignore it
New code gives workers the right to switch off
ALL workers now have the right to disconnect from work and have a better work-life balance, Leo Varadkar has said.
The Minister for Enterprise, Trade and Employment yesterday signed off on a code of practice which gives employees the right to switch off from work.
The right to disconnect will allow employees to switch off from work outside of normal working hours, including the right to not respond immediately to emails, telephone calls or other messages.
There are three rights enshrined in the code which comes into effect from yesterday. It includes the right of an employee to not have to routinely perform work outside their normal working hours and the right not to be penalised for refusing to attend to work matters outside of normal working hours.
It also includes the duty to respect another person’s right to disconnect, such as not routinely emailing or calling outside normal working hours. The code, which was developed by the Workplace Relations Commission, was signed off by Mr Varadkar yesterday.
If problems or issues arise, employees have the right to raise the matter with the Workplace Relations Commission.
Separately, the Tánaiste is also inviting views on his plans to put the right to request remote working into law.
Mr Varadkar said: ‘The pandemic has transformed working practices and many of those changes will be long-lasting.
‘Although much of the impact of the pandemic has been negative, particularly for those who have lost jobs, income or whose businesses have been closed, it also offers an opportunity to make permanent changes for the better, whether that’s working more from home, having more time with the family or more flexible working hours.
‘I am announcing two things today. Firstly, I have signed a new code of practice giving all employees the right to disconnect. This is effective immediately.
‘Secondly, I am opening a public consultation on the right to request remote working, inviting views from all on how this right can be enshrined in law.’
The Tánaiste said the code of practice comes into effect immediately and applies to all types of employment, whether people are working remotely or not.
‘It will help employees, no matter what their job is, to strike a better work-life balance and switch off from work outside of their normal working hours,’ Mr Varadkar added.
The code states that while failure to follow the code under the Workplace Relations Act is not an offence in itself, there is a provision which states that any evidence of a breach may be admissible before a court or the Labour Court.
The Tánaiste also said that while placing the onus of management of working time on the employer is appropriate, individual responsibility on the part of employees is also needed.
‘It will help employees’