The Work Life Balance and Miscellaneous Provisions Act 2023 gives employees in Ireland the legal right to request flexible work arrangements. Enacted in March 2024, it’s a clear sign of the country’s increasing focus on supporting employee well-being and promoting a healthier work-life balance.
For companies with remote global teams that include employees in Ireland, this legislation introduces important legal obligations. While navigating these requirements can feel complex, staying compliant doesn’t have to be difficult.
With the right tools and support, businesses can confidently meet Ireland’s employment standards regarding flexible work requests, parental leave, and remote work rights.
Key takeaways:
- As return-to-office mandates have become more common, advocacy and legislation for remote work has gained momentum in response.
- In Ireland, employees can request flexible work arrangements for specific situations, including caregiving.
- Employers of Irish workers are encouraged to support flexible work arrangements, including taking reasonable steps to ensure that employees' home offices are safe and suitable work environments.
What Is the Work-Life Balance and Miscellaneous Provisions Act 2023?
Remote work had been steadily gaining traction for years, but it wasn't until the COVID-19 pandemic hit in 2020 that it surged into the mainstream and became a global norm.
However, return-to-office (RTO) policies have steadily increased in recent years. That's led some advocates to organize for employees' rights to work from home (WFH).
In fact, some countries have begun legislating WFH rights, such as Ireland’s Work Life Balance and Miscellaneous Provisions Act 2023. This policy strengthens employees' rights to request flexible, remote arrangements — including working from home.
Under the Act, all Irish employees can request flexible work starting on their hire date. However, any approved remote work setup cannot begin until the employee has completed six months of service with their employer.
Other key features of the Act include:
- Flexible work: Employees with caregiving responsibilities can request arrangements like reduced hours or modified schedules.
- Leave provisions: The Act allows for five days of unpaid medical leave and five days of paid domestic violence leave.
Employers are responsible for evaluating these requests and approving reasonable arrangements.
How Irish Employees Can Request to Work Remotely
Steps to request remote work arrangements in Ireland include:
- Submitting the request as soon as is reasonable and at least eight weeks before the proposed start date
- Making the request in writing or via an online form
- Detailing proposed remote working arrangements, such as the requested number of days of remote work per week
- Outlining the reasons for requesting remote working
- Proposing a specific start date along with the duration of the arrangement
- Detailing the proposed remote-work location, such as a home office or a coworking space
- Providing information on the suitability of the proposed remote work environment, such as confirming that a workstation is suitably equipped to complete assigned tasks and meets health and safety requirements
Examples employees can give to justify their request include:
- Wanting to spend less time commuting
- Increasing personal time and supporting better well-being
- Needing to handle personal or household matters
- Relying on a quiet workspace due to particular medical needs
Once a request for remote work is approved and an agreement is signed, both employer and employee can still alter the arrangement. This can happen before remote work commences or after it has started. All changes must be made in writing.
Employer Responsibilities When Responding to Remote Work Requests
As with any workplace policy, clear communication is essential. Your remote work policies should be easy to understand and accessible to all employees to avoid confusion and ensure smooth implementation.
Clearly outline expectations, responsibilities, and any limitations. Be sure to provide straightforward guidance on key aspects, including:
- Who can request remote work: Specify employees' requirements to be eligible for remote work requests.
- How such requests are assessed: Detail the evaluation process for remote work applications, including the assessment of job function, individual performance, and the impact on business needs.
- Meeting response times: Implement a procedure to guarantee that all remote work requests are responded to within the legally mandated time frame.
If an employer denies a remote work request, they must provide the employee with a legitimate reason for the refusal in writing.
The employer can also revoke a flexible work arrangement. Valid reasons for termination include seasonal changes in workload or the necessity of having someone physically present in the workplace to perform the specified job responsibilities.
Any changes to this arrangement — whether about the schedule, location, or other terms — must also be documented in writing, and specific details must be provided as to when and why the arrangement is changing.
The Code of Practice on the Right to Disconnect
The Workplace Relations Commission's (WRC) Code of Practice on the Right to Disconnect was enacted in 2021 and applies to all employees in Ireland, including those working remotely.
The WRC directive ensures that employees aren’t obligated to monitor or respond to work-related tasks outside of their regular working hours.
Key elements include employees’ right not to be expected to work beyond standard business hours — including responding to emails or phone calls — and protection from any negative consequences if they choose to disconnect during their personal time.
Employers are encouraged to create a written Right to Disconnect Policy to clarify employees' normal working hours.
Health and Safety Considerations for Remote Workers
All employees in Ireland are entitled to specific workplace safety protections. These protections extend to those who work from home.
Employers are required to take specific measures to protect the health and safety of remote workers. This includes making sure that any work assigned is appropriate for a home environment, along with the following key responsibilities:
- Home office risk assessments: Employers must support remote workers in ensuring their home workspaces meet basic safety standards. This can include evaluating factors like proper lighting, fire safety, and overall ergonomics.
- Ergonomic equipment: It's the employer’s responsibility to provide or approve safe and ergonomically sound equipment — such as desks, chairs, and computer setups — to help prevent strain or injury.
- Clear communication protocols: Employers should establish and communicate procedures for regular check-ins, updates, and emergency situations, so remote employees stay informed and connected.
Remember, compliance isn't set-it-and-forget-it. Employers should provide remote workers with ongoing health and safety best practices training and regularly review working conditions.
Data Privacy and Security for Remote Workers
All work in Ireland is subject to stringent data protection standards mandated by the General Data Protection Regulation (GDPR). This includes remote work and workers with flexible arrangements.
The GDPR helps ensure that employees protect sensitive company information through the implementation of data security measures, such as:
- Securing communications: Remote staff should use encrypted methods for communication, like VPNs and secure email platforms.
- Data hygiene: Companies must establish and communicate clear rules for how remote employees should handle, store, and share sensitive personal data.
- Securing Devices: Employers should provide secure devices to workers and maintain their security with regular software updates to prevent cybersecurity threats.
Employment Rights and Conditions for Remote Workers
When hiring remote employees in Ireland, employers are responsible for guaranteeing they receive the same rights and protections as employees working in an on-site office. This includes:
- Providing employment contracts: A written employment contract is necessary, clearly stating the terms and conditions. For remote roles, this must include specific details about work hours, how communication will work, and the provided technology.
- Managing working hours and overtime: Employers must follow the rules of the Organisation of Working Time Act 1997, which ensures employees work no more than 48 hours in a week, including any overtime.
- Granting leave entitlements: Remote workers are entitled to the same leave as other employees, which includes at least 20 days of paid vacation each year, as well as paid public holidays.
Remote employees are also entitled to certain remote-work specific benefits, such as tax relief on the extra costs of maintaining a home office, including bills for heating, electricity, and internet.
Payroll and Tax Compliance for Remote Workers in Ireland
Employers hiring remote workers in Ireland must adhere to local tax regulations, including:
- PAYE (Pay as You Earn): Employers must withhold income tax, Universal Social Charge (USC), and Pay-Related Social Insurance (PRSI) from remote employee earnings.
- Tax residency for remote workers: It's essential to understand how residency impacts tax liability, even if remote employees work from Ireland but maintain their residence elsewhere.
Navigating these regulations can be complex. Employers without a legal entity in Ireland can benefit from partnering with an Employer of Record (EOR) to help them manage payroll, tax compliance, and adherence to all local labor laws.
Hire and Manage Irish Remote Workers With RemoFirst
RemoFirst enables companies to employ workers in 185+ countries and independent contractors in 150+.
As an EOR, we ensure full compliance with local employment laws, such as Ireland's Work Life Balance and Miscellaneous Provisions Act 2023.
On top of that, we manage onboarding, payroll processing, employee benefits, and more so you can stay focused on running your team without getting caught up in the administrative details.
Ready to learn more? Schedule a demo today.
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