Notice
Call to stakeholders to make submissions to the Workplace Relations Commission about a review of the Code of Practice on access to Part-Time Working (S.I. No. 8 of 2006)
The Workplace Relations Commission (WRC) has been requested by the Minister of State at the Department of Enterprise, Trade and Employment to carry out a review of the obstacles to the performance of Part-Time work and make recommendations for any updates to the Code of Practice on Access to Part-Time working that the WRC may deem necessary in view of the enactment of employment legislation which has been published since the Code was introduced in 2006. Section 13(5) of the Protection of Employees (Part-Time Work) Act 2001 provides that the Commission may prepare, in consultation with the social partners, a Code of Practice governing access to part-time work. The Code was published on a statutory basis in S.I. No. 8 of 2006. Article 12 of the Code notes the obligation on the Commission to undertake a review of obstacles to the performance of part-time work at the request of the Minister for Enterprise, Trade and Employment.
New pieces of legislation have been introduced since the Code was published which may impact on its effectiveness for certain employers and employees. For example, SI No. 686 of 2022 gave effect to Directive (EU) on transparent and predictable working conditions in the European Union. The Directive1 lays down minimum rights that apply to every worker in the EU who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State with consideration to the case law of the Court of Justice. The Employment (Miscellaneous Provisions) Act 2018 introduced banded hours of employment which every worker is entitled to be informed of, based on the individual nature of their employment relationship with the employer they work for. New work norms may have also developed in some workplaces, for example work carried out away from the employer’s place of business, which could impact the relevance of the Code of Practice for those employers and employees.
The Code of Practice sets out best practices in relation to the steps that could be taken by employers for the purposes of Clause 5.3 of the Framework Agreement2, which provides, inter alia, that, as far as possible, employers should give consideration to a request by workers to transfer from part-time to full-time work or to increase their working time should the opportunity arise. The Code was placed on a statutory footing in SI No. 8 of 2006.
In this regard, the WRC invites submissions on this matter to be submitted to the WRC by 17.00 on Friday, 12 July 2024.
Submissions marked ‘‘Review of the Code of Practice on Access to Part-Time Work” should be sent to COPPTW@workplacerelations.ie or by post to Workplace Relations Commission, 6th Floor, Lansdowne House, Lansdowne Road, Dublin 4, D04A3A8.
As part of the consultation process, the WRC may consult with parties to clarify submissions received or with certain key stakeholders.
Freedom of Information and Data Protection
Freedom of Information Act 2014 and Publication of Submissions
The Workplace Relations Commission (WRC) may publish on its website all submissions received under this consultation. Your attention is also drawn to the fact that information provided by you in submissions is subject to release by the WRC under the Freedom of Information Act 2014. In responding to this public consultation, all individuals and organisations should clearly indicate where their submission contains personal information, commercially sensitive information and/or confidential information which they would not wish to be made publicly available by being published on the WRC’s website or released by the WRC pursuant to the receipt of an FOI Request under the Freedom of Information Act 2014. It is also important to note that your name and address and other details such as your representative organisation or any other information that you provide in your submission will be published on the WRC’s website unless you specifically request that such details are redacted or removed.
General Data Protection Regulation (GDPR) and Data Protection Acts 1988 to 2018
The Workplace Relations Commission (WRC) is subject to the provisions of the GDPR and Data Protection Acts 1988 to 2018. In this context, the WRC will treat all personal information which you provide in submissions as part of this public consultation process with the highest standards of security in line with our data protection compliance requirements.
For further information you can read the WRC’s Data Protection Statement which is also available on the WRC website and explains how and when the WRC collects personal data, why the WRC does so and how the WRC treats this information. It also explains your rights in relation to the collection of your personal information and how you can exercise your rights under data protection laws.
A Questions and Answers sheet on some practical matters concerning the review of the Code of Practice is available below which may be of assistance to individuals and organisations who intend to make submissions to the WRC.
1 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union
2 COUNCIL DIRECTIVE 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC
Q&A regarding the review of the Code of Practice on Access to Part-Time Work (SI No. 8 of 2006)
Q. What does the Code of Practice seek to do?
A. The Code seeks to:
- Encourage best practice and conformity with the provisions of the Employment Equality Acts 1998-2004 and the Protection of Employees (Part-Time Work) Act 2001
- Promote the development of policies and procedures to assist employers, employees and their representatives, as appropriate, to improve access to part-time work for those employees. who wish to work on a part-time basis
- Promote discussion and encourage employers, employees, and their representatives, as appropriate, to consider part-time work and to address any barriers that may exist
- Stimulate employers - where consistent with business requirements - to provide wider access to part-time work options
- Provide a framework and practical guidance on procedures for accessing part-time work
- Inform those who are interested in part-time work.
Q. Is the Code of Practice legally enforceable?
A. The Code of Practice seeks to encourage the use of best practice and procedures between employers and employees in terms of the possibility of introducing part-time work opportunities and/or maximise the range of posts as suitable for part-time working at all levels in the organisation, including skilled and managerial positions. The Code states that barriers to the introduction of part-time work, at all levels in the organisation, should be identified and considered when an application for part-time work is made or when a vacancy arises.
While the Code is not legally binding, it does state that in any proceedings before a Court, the Labour Court or a WRC adjudication hearing that a Code of Practice shall be admissible in evidence and any provision of the Code which appears to the Court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.
Q. Why is the Code of Practice being reviewed now?
A. The Minister of State at the Department of Enterprise, Trade and Employment has requested that the Code be reviewed by the WRC, particularly in light of the enactment of pieces of employment legislation, such as the Employment (Miscellaneous Provisions) Act 2018 which might have a bearing on the implementation of the Code.
Q. Has the Code of Practice been reviewed since it was published in 2006?
A. No. this is the first time that a review of the Code will be undertaken.
Q. Who is invited to make submissions about the review?
A. Any stakeholder with an interest in the subject matter of the Code or employment matters generally is welcome to make a submission to the WRC on this topic.
Q. What happens next?
A. The closing date for receipt of submissions from stakeholders is 12 July 2024 and the WRC will take time to fully examine all comments that it receives when the consultation period closes.
Q. What is the deadline for sending submissions to the WRC?
A. Submissions must be received by the WRC before 17.00 on Friday, 12 July 2024.
Q. Is there a set format for making a submission to the WRC in response to this consultation?
A. There is no set format specified for stakeholders who wish to make a submission to the WRC. We would request that a stakeholder furnishes their name and contact details in their submission and make clear the points they wish to raise about the review of the Code of Practice.
Q. Will my submission be private?
A. Information provided by you in submissions is subject to release by the WRC under the Freedom of Information Act 2014. In responding to this consultation, all individuals and organisations should clearly indicate where their submission contains personal information, commercially sensitive information and/or confidential information which they would not wish to be made publicly available by being published on the WRC’s website or released by the WRC pursuant to the receipt of an FOI request under the Freedom of Information Act 2014. It is also important to note that your name and address and other details such as your representative organisation or any other information that you provide in your submission will be published on the WRC’s website unless you specifically request that such details are redacted or removed.
You may also wish to be aware that the WRC is subject to the provisions of the General Data Protection Regulation (GDPR) and the Data Protection Acts 1988 to 2018. In this context, the WRC will treat all personal information which you provide in submissions as part of this public consultation process with the highest standards of security in line the organisation’s data protection compliance requirements. For further information about this, you may view the WRC’s Data Protection statement on its website.