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Work-Life Balance Bill - Consultation Martina Anderson MLA
Martina Anderson MLA invites your views on this Private Members' Bill on work-life balance (“this Bill”) which she is currently developing. The closing date for submissions is 08-04-2021.
BACKGROUND
The EU Directive on Work Life Balance was adopted by the European Council on 13th June 2019.
Given that the north of Ireland no longer automatically keeps pace with improved EU rights and standards for workers as a result of Brexit, this Bill aims to at least guarantee the entitlements included in the EU Work-Life Balance Directive for workers in the north of Ireland.
CARERS LEAVE
The 2011 Census identified that 12% of the population in the north is providing unpaid care. That number is likely to be much higher given the impact of COVID 19 on our society.
Currently in the north, workers are not entitled to statutory carers leave, they are only entitled to “time off for dependants”. This can only be used in emergencies to make “long-term care arrangements”; it cannot be taken in instances such as when a working carer needs to bring their dependent to a hospital appointment. The EU Directive provides for 5 days unpaid carers leave per year. This bill aims to go further by introducing paid carers leave in the north of Ireland.
In the south of Ireland workers who need to provide urgent care to a family member are entitled to three days paid leave within a 12 month period, and up to a maximum of five days in any 36-month period. This Bill will require the Minister for the Economy to review work practices impacting on carers and produce a report making new recommendations to the Assembly to enhance their rights and entitlements in the workforce.
FLEXIBLE WORKING
This Bill will extend the scope of the EU Directive on Work Life Balance by introducing the statutory right for all workers including part-time workers; fixed-term contract workers; or persons with a contract of employment or employment relationship with a temporary agency; to request flexible working.
The EU Directive as a minimum states that all workers with caring responsibilities will be afforded a right to request flexible working. The Work Life Balance Bill goes beyond that and will give all workers regardless of their status the right to request flexible working.
The Bill will remove the 26 week qualification period that is currently required for a flexible working request and instead introduce the right to request flexible working from the first day of employment and also places a legal duty on the employer to inform new employees of the flexible working arrangements currently operating in that workplace.
RIGHT TO DISCONNECT
COVID-19 has fundamentally changed the way many people work. During the pandemic people who work in jobs that can be carried out remotely have been asked to work from home where possible. It is likely that even after the pandemic the long term trend towards remote working will continue.
Whilst remote working, and working from home, has many potential benefits it can also give rise to exploitative practices where many workers feel themselves under immense pressure to respond to employers’ requests outside of contracted working hours.
Therefore this Bill seeks to implement a statutory “Right to Disconnect” placing a duty on every employer in consultation with their employees and where applicable their trade union representatives, to put in place a right to disconnect policy to establish the hours when employees are not supposed to send or answer work-related e-mails, texts, or calls.
Within two months of the Bill of passing the Economy Minister will be required to produce a report on the Right to Disconnect setting out a framework within which employers must implement the Right to Disconnect for their employees.