Employment and Pensions
"The Government has indicated that it will transpose into Irish law the EU Directive on Transparent and Predictable Working Conditions in early 2023."
EMPLOYMENT AND PENSIONS
Protected Disclosures (Amendment) Act 2022
The Protected Disclosures (Amendment) Act 2022 came into operation in its entirety on 1 January 2023. Failure to comply with certain obligations contained in the Act are designated as offences which attract significant penalties.
All private sector organisations with 250 or more employees are required to establish formal reporting channels and procedures for workers to make protected disclosures. The threshold does not apply to employers who are public bodies or who fall within the scope of the certain European Union legislation, including in relation to financial services, products, markets, prevention of money-laundering and terrorist financing, transport safety, and protection of the environment. Such employers, regardless of size, must also comply with the obligations contained in the Act from 1 January 2023.
For further information on the Act, see our detailed briefing here.
Work Life Balance and Miscellaneous Provisions Bill 2022
The Work Life Balance and Miscellaneous Provisions Bill 2022 will transpose the EU Directive on work-life balance for parents and carers into Irish law and is expected to come into force in early 2023.
The Bill contains a new entitlement for employees to up to 5 days unpaid leave for medical care purposes, along with a new entitlement for employees who are the parents of children up to age 12 and who are providing care to those children or employees who are providing personal care or support to certain specified persons to apply for a flexible working arrangement. The Bill also introduces domestic violence leave for the first time and incorporates a right to request remote working, which means that employers will now consider requests for flexible or remote working under one piece of legislation.
For further information on the Bill, see our detailed briefing here.
Sick Leave Act 2022
The Sick Leave Act 2022 came into force on 1 January 2023. The Act introduces an entitlement for employees to statutory sick leave and pay from their employers for the first time in Ireland. The daily rate of payment for statutory sick leave is 70% of normal wages (up to a maximum €110 per day). Employers should act now to ensure that policies are updated to reflect the obligations contained in the legislation.
For further information on the Act, see our detailed briefing here.
Transposition of the EU Directive on Transparent and Predictable Working Conditions
The Government has indicated that it will transpose into Irish law the EU Directive on Transparent and Predictable Working Conditions in early 2023. The Directive is aimed at ensuring that all workers have the right to more complete information on the essential aspects of the work, the right to seek additional employment, with a ban on exclusivity clauses, and the right to more predictable working schedules. We await publication of the Heads of Bill.
For more information on the impact of the Directive on Irish employment law, see our detailed briefing here.
European Union (Occupational Pension Schemes) Regulations 2021
The deadline for the implementation of the European Union (Occupational Pension Schemes) Regulations 2021 (the IORP II Regulations) is upon us, with most pension schemes required to be IORP compliant by 1 January 2023. Standalone schemes choosing not to implement IORP regulations are making the transfer to a master trust, where IORP implementation, trusteeship and scheme management are managed by a master trust trustee.
For more information on the implementation of the IORP II Regulations, see our detailed briefing here.
"The Work Life Balance and Miscellaneous Provisions Bill 2022 will transpose the EU Directive on work-life balance for parents and carers into Irish law and is expected to come into force in early 2023."