ACTS COMMENCED SINCE THE AUTUMN HORIZON TRACKER
Protected Disclosures (Amendment) Act 2022
Date signed into law: 21 July 2022
The purpose of this act is to transpose the EU’s Whistleblower Protection Directive, significantly extending the scope of the Protected Disclosures Act 2014. The new legislation brings in a number of key changes which will have extensive practical implications for the day-to-day management of whistleblowing complains for employers in Ireland. Some of the key obligations include:
- as of 1 January 2023,employers with 250 or more employees and certain financial services institutions are required to establish, maintain and operate internal reporting channels for the making and managing of protected disclosures in line with the prescribed steps and timeframes of the legislation. Employers with between 50 and 249 employees must comply with these requirements from 17 December 2023;
- employers are required to designate an impartial and competent person to manage the protected disclosure; and
- employers are required to provide workers with information on both the internal and external protected disclosure reporting processes.
Latest stage: Whole act commenced 1 January 2023
Sick Leave Act 2022
Date signed into law: 20 July 2022
As of 1 January 2023, employees who have more than 13 weeks' service are entitled to three days of statutory sick pay per year for certified sick leave (currently paid at a daily rate of 70% of an employee's daily pay but capped at €110 but this may be amended over time) to be paid by their employer. These sick leave days do not need to be consecutive. The scheme will be applied on a phased basis with the number of sick leave days increasing to ten over the course of the next four years.
Latest stage: The act was commenced on 29 November 2022 and 1 January 2023 by SI 606/2022.
REGULATIONS COMMENCED SINCE THE AUTUMN HORIZON TRACKER
European Union (Transparent and Predictable Working Conditions) Regulations 2022
These regulations transpose EU Directive 2019/1152 of the European Parliament and of the Council of 20 June 2019 on Transparent and Predictable Working Conditions in the European Union, and create new employee rights and amend employers' obligations under the Terms of the Employment (Information) Act 1994, the Organisation of Working Time Act 1997 and the Protection of Employees (Fixed-Term Work) Act 2003. The key changes introduced are as follows:
- The terms that employers are required to provide to employees in writing (within five days and / or one month, depending on the term of an employee's start date) have been updated, amending existing Irish legislation;
- New rules governing the extension of probationary periods apply; and
- A prohibition on dual employment is no longer permissible unless the restriction is proportionate and based on objective grounds. Such objective grounds include health and safety, protection of business confidentiality, conflict of interests considerations, etc. which must be set out in writing to the employee.
Latest stage: The regulations came into effect on 16 December 2023.
IRISH PROPOSED LEGISLATION
Protection of Employees (Employers' Insolvency) (Amendment) Bill
The purpose of this proposed bill is to comprehensively review and update the current protection afforded to employees where their employer becomes insolvent.
Latest stage: Heads of Bill in preparation.
BILLS
Work Life Balance and Miscellaneous Provisions Bill 2022
Date published: 5 October 2022
This bill provides employees with a right to request remote working but in circumstances where the vast majority of employers have implemented hybrid working policies, the reality is that few employees will actually need a statutory basis to request remote working and the law is lagging behind the market in this regard.
This bill also transposes the EU Directive on Work-Life Balance for Parents and Carers into Irish law; the aim of which is to increase the participation of women in the labour market and encourage a more equal sharing of family related leave between men and women. It provides for a right to request flexible working arrangements for caring purposes and provides statutory leave for medical care purposes and separately for victims of domestic violence.
Latest stage: Completed Seanad Éireann Fifth Stage; a number of amendments have been referred back to the Dáil.
Employment Permits Bill 2022
Date published: 4 October 2022
This bill proposes to consolidate the Employment Permits Acts and make amendments to modernise the employment permits system and increase its responsiveness. The key proposed changes include the introduction of a seasonal employment permit and a Special Circumstances Employment Permit, the introduction of changes to streamline the requirements to make the grant process more efficient and the provision of additional conditions in respect of granting an employment permit, such as training or accommodation support.
Latest stage: Completed Dail Éireann, Third Stage.
PRIVATE MEMBERS' BILLS
Remuneration Information and Pay Transparency Bill 2023
Date published: 24 January 2023
The aim of this bill is to make further and better provision for equality between employed persons by providing for transparency in respect of matters relating to remuneration. The 2023 Bill seeks to amend the Employment Equality Acts 1998 – 2021 and the Gender Pay Gap Information Act 2021. The 2023 Bill covers a number of developments that are set to be introduced by the EU Pay Transparency Directive.
Latest stage: Currently before Seanad Éireann, Second Stage.
EU DIRECTIVES AWAITING IMPLEMENTATION
Directive on Minimum Wages in the EU
Date published: 25 October 2022
This directive aims to:
- Ensure the adequacy of minimum wages with the aim of achieving decent living and working conditions;
- promote collective bargaining on wage-setting and
- enhance effective access of workers to rights to minimum wage protection where provided for in national law and/or collective agreements.
Transposition date: 15 November 2024
EU DRAFT LEGISLATION
Proposal for a Directive on the Gender Pay Gap - Transparency on Pay for Men and Women
Procedure reference: 2021/0050 (COD)
Date published: 4 March 2021
Gender pay gap ("GPG") reporting has become a hot topic in recent years across EU Member States, and the Commission has proposed a directive on pay transparency measures, containing measures to strengthen the application of the principle of equal pay, including obligations related to GPG reporting. The aim of the directive is to promote greater pay transparency and fairness in the workplace and to reduce the gender pay gap within the EU.
Latest stage: The political agreement reached by the European Parliament and the Council is now subject to formal approval by the co-legislators. Once agreed, the directive will enter into force 20 days after official publication. Member States will then have three years to transpose the new elements of the directive into national law.