Q&A: Right to disconnect-What you need to know about the new workplace code

The new code addresses a workers' right to disconnect from work outside of their working hours. File picture. 

A new code of conduct on the "right to disconnect" for workers has come into effect allowing employees to officially have the right to disconnect from work. 

The move is part of the Government's policy to improve working conditions and work-life balance for more flexible family-friendly working arrangements.

The rise in remote working due to public health guidelines to reduce the spread of Covid-19 in the workplace has dramatically changed the working lives of many. 

However, a new survey from Laya Heathcare has found 44% of people are working longer hours at home and 65% said they feel pressured to remain available after their working day has ended. 

Studies have also shown that productivity in Ireland improved with the introduction of remote working or at least stayed at the same level as before. 

The code attempts to address new realities of working life and improve worker's work/life balances. File picture.

Technology company Expleo surveyed business leaders in Ireland who reported 89% of them said productivity grew or was not impacted by the introduction of remote working. 

52% reported an improvement and 37% said productivity stayed the same. 

In addition, widespread discussion has identified the potential of remote working for rural regeneration with well paid jobs moving away from urban centres. 

Quality of life may also improve as workers no longer need to spend so much of their income on high rents. 

But what is the new right to disconnect and how does it fit into Ireland's new working life? 

Can I switch off from work outside of normal working hours? 

This new code gives people the right to switch off from work outside of normal working hours, including the right to not respond immediately to emails, telephone calls, or other messages.

The code also states that workers should not be penalised for refusing to attend to work matters outside of normal working hours.

It also states that other staff should respect a worker's right to disconnect and that it applies to all forms of employment, remote working included.

What do employers need to do for this new code? 

The code said employers need to draw up a policy in consultation with staff and references the Organisation of Working Time Act. 

This act does not include the right to disconnect but it does state an employer should not allow an employee to work more than 48 hours a week. 

It recognises a shift as well in the many businesses and work is operating during the pandemic outside of traditional working hours. 

Launching the code, Minister for Enterprise and Employment, Leo Varadkar said employers and employees need to work together to determine the appropriate working arrangements and policies.

Who was involved in drafting the right to disconnect code? 

The Department of Enterprise, Trade and Employment with the assistance of the Workplace Relations Commission (WRC) drew up the code. 

The WRC has also emphasised the cooperation that is needed between employers and employees for the joint approach but said the onus is on management for working time. 

"Disconnecting from work and work-related devices necessitates a joint approach by employers and employees. 

"While placing the onus of management of working time on the employer is appropriate, individual responsibility on the part of employees is also required,” said director-general of the WRC, Liam Kelly. 

If problems or issues arise, employees do have the right to raise the matter with the WRC however.

What has the reaction been to the new code? 

It is not a total barrier from contact outside of normal working hours but instead seeks to prevent persistent and continued intrusion

Legal professionals have said it is the start of a long process between employers and employees and that it is subject to court challenges. 

And although it is not legally binding, the code can be used in legal proceedings. 

A solicitor Richard Grogan, speaking to Newstalk, said the code could be used to weaken working time directives as the language of the code is not clear enough. 

He said this relates to the basis for contact outside of working hours. 

Mr Grogan said: "Section 5 of the Working Time Act says that an employee can only be contacted outside of their standard hours in an emergency situation.

"And what have they put in?: 'Occasional or legitimate situations or for business or operational reasons'.

"So what they've tried to do here on this is actually dilute the EU directive and the Working Time Act. The EU directive is very clear on this: you just can't do it".