Tanaiste Leo Varadkar said an employee who has been with their employer for six months will be able to apply to work from home, under his new legislation.
However, the Government has faced criticism from Opposition parties who have said he “is trying to appear as if he is providing an additional workers’ right but making that right almost impossible to access”.
The legislation lists 13 wide-ranging reasons where a boss can refuse a request to work from home.
These include potential negative impact on quality and concerns regarding the internet connectivity.
Mr Varadkar said an employer will have 12 weeks to respond to the employee’s request.
He added if the refusal comes under 13 conditions, it must be for a specified and what he termed “good” reason.
The Tanaiste said: “Employers will be required to provide reasonable grounds for refusing to facilitate an employee’s request.
"These grounds are set out in the legislation and we will develop codes of practice to provide guidance to help employers implement the new law.
“It will give employers and workers legal clarity on remote working, which became the default for many during the pandemic.”
Mr Varadkar rejected calls from Opposition TDs to give people the right to remote working and not just the right to request it.
He said people who work in construction and some retail staff simply can’t work from home.
Mr Varadkar added: “People who are suggesting somehow that you can have an absolute right to remote working most likely live in a shoe box or something.”
The Fine Gael leader said any refusal by an employer to facilitate an employee can be appealed to the Workplace Relations Commission.
He added he wants the legislation published by Easter and passed by the Oireachtas by the summer recess.
The Tanaiste said any WRC decision is expected to be binding but there is a possibility of going to the Labour Court. He added compensation could apply to an employee in the case of an employer being ruled against.
Louise O’Reilly TD, Sinn Fein’s spokeswoman on workers’ rights, accused Fine Gael of “pulling a fast one” in relation to the legislation.
She said: “We believe the Tanaiste’s 13 sweeping and subjective reasons to allow an employer to deny a remote working request are not
proportionate.
“This is exacerbated by the fact the appeal mechanism outlined in the draft heads of Bill is far too weak.
“The reasons which Mr Varadkar has published do not strike the necessary balance between the needs of workers and the needs of employers.
"This appears to be a case of Fine Gael pulling a fast one, where the Tanaiste wants to appear as if he is providing an additional workers’ right but making that right almost impossible for a worker to access.”
Irish Congress of Trade Unions general secretary Patricia King said: “It is imperative the legally defined criteria for refusal balances the practical needs of the employer and the needs of the employee, as is the case in existing workers’ rights legislation.
“The litmus test for this legislation is whether workers have confidence that it compels employers to be fair, reasonable and consistent in their considerations.
“The 13 sweeping and subjective criteria published today do not strike a balance between employer and employee needs.
“They duplicate and extend on the eight business reasons for refusing a request contained in current UK
legislation.
“Reasons which have been found to allow employers to retain and use their unfettered ability to turn down requests for remote working and which are now subject to review.
“ICTU will continue our engagement with TDs and Senators as the Bill makes its passage through the Oireachtas to make it fit for purpose.”
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