Right to disconnect
There are three rights enshrined in the code which comes into effect today 01/04/2021
- The right of an employee to not have to routinely perform work outside their normal working hours
- The right not to be penalised for refusing to attend to work matters outside of normal working hours
- The duty to respect another person’s right to disconnect (by not routinely emailing or calling outside normal working hours)
A NEW CODE of conduct aimed to give workers the right to disconnect has been signed into effect from today.
The code of practice comes into effect immediately and applies to all types of employment, whether you are working remotely or not.
The new code of practice on the right to disconnect from work – covering phone calls, emails and switch-off time – is legally admissible.
While there is still no formal right to disconnect under Irish or European law, the code of practice provides practical guidance for employers and employees to assist in meeting existing obligations under existing legislation.
If employees experience problems with their employers regarding their right to disconnect from work, or if issues arise, employees have the right to raise the matter with the Workplace Relations Commission.
While failure to follow a code prepared under the Workplace Relations Act 2015 is not an offence in itself, the law provides that in any proceedings before a court, the Labour Court or the WRC, a code of practice shall be admissible in evidence.
It also seeks to provide assistance to those employees who feel obligated to routinely work longer hours than those agreed in their terms and conditions of employment.
Employers should now draw up the appropriate working arrangements and policies, to ensure that employees will have more options to work outside of traditional hours, which many people have availed of during the pandemic.
www.hrbuddy.ie Tel: 064 6698034 Mail: info@hrbuddy.ie