Ireland Remote Work Laws 2026
⚠️Informational only — not legal or tax advice.
Last Updated: December 2025
Applicable Period: 2026 tax year and current employment regulations
Key Characteristic: Employers with remote workers physically located in Ireland
Table of Contents
- Overview of Remote Work in Ireland
- Legal Framework and Key Legislation
- Definition and Scope of Remote Work
- Right to Request Remote Work
- Employer Legal Obligations
- Equipment and Expense Legal Requirements
- Working Hours Regulations
- Right to Disconnect
- Health and Safety Legal Requirements
- Data Protection Legal Requirements
- Written Agreement Legal Requirements
- Tax and Social Security Framework
- Cross-Border Work Legal Framework
- Enforcement Mechanisms and Penalties
- Resources
- Frequently Asked Questions
Overview of Remote Work in Ireland
Statistical Overview
According to the Central Statistics Office (CSO), approximately 540,000 people in Ireland worked more than half their week at home in Quarter 4 2024.
According to CSO Census data, the number of people working mainly from home increased by 173% between 2016 and 2022, from 94,955 workers to 259,467.
Source: https://www.cso.ie/en/releasesandpublications/er/elec19/employmentandlifeeffectsofcovid-19/
According to CSO Census findings, nearly a third of Ireland’s workforce, or around 750,000 employees, worked from home at least one day a week.
Source: Irish Examiner reporting CSO data (April 2024)
Primary Administering Authority
Department of Enterprise, Tourism and Employment
Address: 23-28 Kildare Street, Dublin, D02 TD30, Ireland Phone: +353 1 631 2121 Website: https://enterprise.gov.ie/ Email: info@enterprise.gov.ie
Remote work information page: https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/remote-working/
Legislative Status
Primary legislation: Work Life Balance and Miscellaneous Provisions Act 2023 Enacted: 4 April 2023 Official citation: Number 8 of 2023 Official text: https://www.irishstatutebook.ie/eli/2023/act/8/enacted/en/html
Part 3 of the Act (Right to Request Remote Working) commenced: 7 March 2024 Commencement Order: S.I. No. 91/2024 Source: https://www.irishstatutebook.ie/eli/2024/si/91/made/en/print
Code of Practice: Workplace Relations Commission Code of Practice for Employers and Employees on the Right to Request Flexible Working and Right to Request Remote Working Approved: 6 March 2024 Order: S.I. No. 92/2024 Source: https://www.irishstatutebook.ie/eli/2024/si/92/made/en/print
Legislative Timeline
2021: Code of Practice on the Right to Disconnect Effective date: 1 April 2021 Issued by: Workplace Relations Commission Source: https://www.workplacerelations.ie/
2023: Work Life Balance and Miscellaneous Provisions Act 2023 enacted Enactment date: 4 April 2023 Official citation: Act No. 8 of 2023 Source: https://www.irishstatutebook.ie/eli/2023/act/8/enacted/en/html
2024: Part 3 (Right to Request Remote Working) commenced Commencement date: 7 March 2024 Source: https://www.gov.ie/en/press-release/4b5c2-ministers-coveney-and-ogorman-introduce-right-to-request-remote-working-and-flexible-working-arrangements-for-parents-and-carers/
2024: Code of Practice on Right to Request approved Approval date: 6 March 2024 Source: https://www.irishstatutebook.ie/eli/2024/si/92/made/en/print
EU Directive Implementation
Ireland implements the following EU directives affecting work arrangements:
Work-Life Balance Directive (2019/1158) Implementation: Work Life Balance and Miscellaneous Provisions Act 2023 Full transposition completed: 6 March 2024 Source: https://www.gov.ie/en/press-release/4b5c2-ministers-coveney-and-ogorman-introduce-right-to-request-remote-working-and-flexible-working-arrangements-for-parents-and-carers/
According to gov.ie press release of 7 March 2024: “The commencement today of the right to flexible working for parents and carers also marks the final step in the transposition of the EU Work Life Balance Directive.”
Working Time Directive (2003/88/EC) National implementation: Organisation of Working Time Act 1997 Official citation: Act No. 20 of 1997 Source: https://www.irishstatutebook.ie/eli/1997/act/20/enacted/en/html
Legal Framework and Key Legislation
Primary Legislation
Work Life Balance and Miscellaneous Provisions Act 2023
Official citation: Number 8 of 2023
Enacted: 4 April 2023
Official text: https://www.irishstatutebook.ie/eli/2023/act/8/enacted/en/html
Long title of Act: “An Act to give further effect to Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU and, for that purpose, to amend the Parental Leave Act 1998 to entitle certain employees to leave for medical care purposes and to request flexible working arrangements for caring purposes; and for those and other purposes to amend the Redundancy Payments Act 1967, the Unfair Dismissals Act 1977, the Maternity Protection Act 1994, the Adoptive Leave Act 1995, the Organisation of Working Time Act 1997, the National Minimum Wage Act 2000 and the Workplace Relations Act 2015; and to provide for related matters.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/enacted/en/html
Part 3 of the Act addresses remote working
Section 20 states: “Part 3 Right to request remote work”
Section 21 provides definitions: “‘remote work’ means performance of duties of employment at a location which is agreed between an employer and an employee, which is not the employer’s premises and from which the employee can conduct the work of his or her employment using information and communications technology;”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/21/enacted/en/html
Commencement Order
S.I. No. 91/2024 – Work Life Balance and Miscellaneous Provisions Act 2023 (Commencement of Certain Provisions) Order 2024
According to this Order dated 6 March 2024: “The Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on him by section 1(3) of the Work Life Balance and Miscellaneous Provisions Act 2023 (No. 8 of 2023), hereby orders as follows:
- This Order may be cited as the Work Life Balance and Miscellaneous Provisions Act 2023 (Commencement of Certain Provisions) Order 2024.
- The 7th day of March 2024 is appointed as the day on which Part 3 of the Work Life Balance and Miscellaneous Provisions Act 2023 (No. 8 of 2023) comes into operation.”
Source: https://www.irishstatutebook.ie/eli/2024/si/91/made/en/print
Secondary Legislation – Code of Practice
S.I. No. 92/2024 – Work Life Balance and Miscellaneous Provisions Act 2023 (Workplace Relations Commission Code of Practice on the Right to Request Flexible Working and the Right to Request Remote Working) Order 2024
This Order dated 6 March 2024 states: “The Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on him by section 20(4) of the Workplace Relations Act 2015 (No. 16 of 2015), hereby orders as follows:
- This Order may be cited as the Work Life Balance and Miscellaneous Provisions Act 2023 (Workplace Relations Commission Code of Practice on the Right to Request Flexible Working and the Right to Request Remote Working) Order 2024.
- The Code of Practice set out in the Schedule to this Order is hereby approved by the Minister.”
Source: https://www.irishstatutebook.ie/eli/2024/si/92/made/en/print
Official Code of Practice: Available on Workplace Relations Commission website Source: https://www.workplacerelations.ie/
Related Legislation
Organisation of Working Time Act 1997 Official citation: Act No. 20 of 1997 Covers: Maximum working hours, rest periods, breaks Official text: https://www.irishstatutebook.ie/eli/1997/act/20/enacted/en/html
Safety, Health and Welfare at Work Act 2005 Official citation: Act No. 10 of 2005 Covers: Employer health and safety obligations Official text: https://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/html
Safety, Health and Welfare at Work (General Application) Regulations 2007 Official citation: S.I. No. 299/2007 Chapter 5 and Schedule 4: Display Screen Equipment requirements Official text: https://www.irishstatutebook.ie/eli/2007/si/299/made/en/print
Workplace Relations Act 2015 Official citation: Act No. 16 of 2015 Covers: WRC powers, codes of practice, enforcement Official text: https://www.irishstatutebook.ie/eli/2015/act/16/enacted/en/html
Data Protection Act 2018 Official citation: Act No. 7 of 2018 Implements: EU General Data Protection Regulation (GDPR) Official text: https://www.irishstatutebook.ie/eli/2018/act/7/enacted/en/html
Code of Practice on Right to Disconnect
Code of Practice for Employers and Employees on the Right to Disconnect
Effective date: 1 April 2021 Issued by: Workplace Relations Commission Signed by: Tánaiste and Minister for Enterprise, Trade and Employment
According to the gov.ie press release of 1 April 2021: “The Code of Practice comes into effect immediately and applies to all types of employment, whether you are working remotely or not. It will help employees, no matter what their job is, to strike a better work-life balance and switch off from work outside of their normal working hours.”
Source: https://www.gov.ie/en/press-release/6b64a-tanaiste-signs-code-of-practice-on-right-to-disconnect/
Legal effect: Section 20(9) of the Workplace Relations Act 2015 provides that codes of practice are admissible in evidence before courts, Labour Court, or WRC.
Legislative Hierarchy
In Ireland, legislation is applied in the following order:
- Constitution of Ireland (Bunreacht na hÉireann) – 1937
- EU Regulations – Directly applicable
- Acts of the Oireachtas – Primary legislation
- Statutory Instruments – Secondary legislation (regulations, orders)
- Codes of Practice – Admissible as evidence
- Common law and precedent
- Employment contracts
Source: Irish legal system structure
Official Guidance Documents
Department of Enterprise, Tourism and Employment
- Guidance for Working Remotely Publication: Updated regularly URL: https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/remote-working/
- National Remote Work Strategy Publication: January 2021 Title: “Making Remote Work” URL: Available on enterprise.gov.ie
Workplace Relations Commission
- Code of Practice for Employers and Employees on the Right to Request Flexible Working and Right to Request Remote Working Approved: 6 March 2024 URL: https://www.workplacerelations.ie/
- Code of Practice on the Right to Disconnect Effective: 1 April 2021 URL: https://www.workplacerelations.ie/
Health and Safety Authority
- Occupational Safety & Health Guidance on Remote Working URL: https://www.hsa.ie/eng/topics/remote_working/
- Remote Working Assessment Checklist URL: https://www.hsa.ie/eng/topics/remote_working/remote_working_checklist.pdf
Definition and Scope of Remote Work
Statutory Definition
According to Section 21 of the Work Life Balance and Miscellaneous Provisions Act 2023, remote work is defined as:
“‘remote work’ means performance of duties of employment at a location which is agreed between an employer and an employee, which is not the employer’s premises and from which the employee can conduct the work of his or her employment using information and communications technology;”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/21/enacted/en/html
Elements of the Legal Definition
According to Section 21, remote work includes the following elements:
Element 1: Location Requirement The work must be performed “at a location which is agreed between an employer and an employee, which is not the employer’s premises”
Element 2: Capability Requirement The location must be one “from which the employee can conduct the work of his or her employment”
Element 3: Technology Requirement The work must be conducted “using information and communications technology”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/21/enacted/en/html
Threshold Requirements
According to Section 23(1) of the Act: “An employee shall not make a remote work request under section 22 unless— (a) the employee has been in the continuous service of his or her employer for a period of not less than 26 weeks ending on the day on which the request is made, and (b) the proposed remote work arrangement is to commence on a day that is not less than 26 weeks after the day on which the request is made.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/23/enacted/en/html
Minimum service requirement: 26 weeks (6 months) of continuous employment before request can be made Minimum notice period: 26 weeks (6 months) between request and proposed commencement of arrangement
According to citizensinformation.ie: “Since 7 March 2024, all employees have a new legal right to request remote working. You have the right to request remote working from your first day in a new job, but you must have 6 months of continuous service with your employer before the arrangement can start.”
Scope of Application
According to Section 21 of the Act: “This Part applies to employees.”
The Act uses the definition of “employee” from Section 2(1) of the Workplace Relations Act 2015.
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/21/enacted/en/html
Public sector: The Act applies to all employees, including public sector employees.
Private sector: The Act applies to all employees in the private sector.
According to the WRC Code of Practice: “The Code applies to all employees regardless of the size of the business or the sector in which the employee works.”
Geographic Scope
The Act does not explicitly limit remote work to locations within Ireland. However, according to the citizensinformation.ie guidance:
“Remote working is an arrangement where instead of going to your employer’s workplace, you do some or all of your work from another location.”
The location must be one “from which the employee can conduct the work” using information and communications technology.
Relationship to Other Work Arrangements
Distinction from flexible working: The Act provides separate provisions for flexible working arrangements (Part 2) and remote working (Part 3).
According to Section 21: “‘remote work’ means performance of duties of employment at a location which is agreed between an employer and an employee, which is not the employer’s premises and from which the employee can conduct the work of his or her employment using information and communications technology;”
This distinguishes remote work from other flexible arrangements that may involve altered hours or patterns but take place at the employer’s premises.
Right to Request Remote Work
Statutory Right to Request
According to Section 22(1) of the Work Life Balance and Miscellaneous Provisions Act 2023:
“Subject to this Part, an employee may request his or her employer (in this section referred to as a ‘remote work request’) to permit the employee to perform his or her duties of employment by way of remote work in accordance with a proposed remote work arrangement specified in the request.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/22/enacted/en/html
According to gov.ie press release of 7 March 2024: “Provisions for the right to request remote working for all employees and the right to request flexible working arrangements for parents and carers are available under the Act and these rights are now in operation.”
Eligibility Criteria
According to Section 23(1) of the Act, employees may request remote work if:
Criterion 1 – Service Requirement: “the employee has been in the continuous service of his or her employer for a period of not less than 26 weeks ending on the day on which the request is made”
Criterion 2 – Notice Requirement: “the proposed remote work arrangement is to commence on a day that is not less than 26 weeks after the day on which the request is made”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/23/enacted/en/html
Request Process
Step 1 – Employee Submission
According to Section 22(2), a remote work request shall:
“(a) be in writing, (b) specify the proposed remote work arrangement, including the proposed date of commencement of the arrangement, (c) contain such other information or particulars as may be prescribed, and (d) be made in such manner as may be prescribed.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/22/enacted/en/html
According to the WRC Code of Practice, requests should include:
- Details of the proposed arrangement
- How the employee believes they can continue to perform their role to the required standard
- Individual specific reasons for making the request
Step 2 – Employer Response
According to Section 24(1) of the Act:
“Where an employer receives a remote work request made in accordance with section 22, the employer shall, within such period as may be prescribed or, where no period is so prescribed, as soon as may be, but not later than 4 weeks after the receipt of the request— (a) meet with the employee to discuss the request, and (b) issue to the employee a decision notice in accordance with subsection (2).”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/24/enacted/en/html
Timeframe for Response: 4 weeks from receipt of request
Extension Provision
According to Section 24(3):
“The period referred to in subsection (1) may, in circumstances to be prescribed, be extended by the employer for such further period as may be prescribed, subject to a maximum aggregate period of 12 weeks from the date of receipt of the request.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/24/enacted/en/html
Content of Request
According to the WRC Code of Practice approved by S.I. No. 92/2024, requests should include:
- Proposed remote working arrangement details
- Proposed location information
- Workstation suitability information
- Data protection assurances
- Agreement to risk assessment
- How employee can continue to perform role to required standard
- Individual specific reasons for the request
Examples of reasons provided in the Code include:
- Reducing daily commute and carbon footprint
- Optimizing quality of life outside normal working hours
- Neurodiversity or other circumstances favoring quiet working environment
Source: Enterprise.gov.ie summary of Code provisions
Employer Decision Notice Requirements
According to Section 24(2) of the Act, a decision notice shall:
“(a) be in writing, (b) be issued to the employee within the period referred to in subsection (1), (c) state whether the employer has decided to— (i) permit the employee to perform his or her duties of employment by way of remote work in accordance with the proposed remote work arrangement, or (ii) refuse the request, and (d) in case the employer has decided to refuse the request, specify the grounds for refusing the request.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/24/enacted/en/html
Grounds for Refusal
According to Section 25 of the Act, an employer may refuse a remote work request on the following grounds:
“(a) it would have a detrimental impact on— (i) the quality of the employee’s performance, (ii) the ability of the employee to perform his or her duties of employment, or (iii) the performance of other employees employed by the employer,
(b) the duties of employment of the employee are not such as to be capable of being performed by way of remote work,
(c) it would have a negative impact on customers (within the meaning of section 3(1) of the Unfair Dismissals Act 1977),
(d) it would— (i) compromise the compliance by the employer with any obligation imposed by or under any enactment, or (ii) have a detrimental impact on the business or operation of the employer,
(e) the employer is unable to make changes to the arrangements for work of other employees, or recruit additional employees, that are necessary to accommodate the proposed remote work arrangement,
(f) it would be contrary to the health and welfare of the employee,
(g) the employer is unable to reorganise work among existing employees in a manner that would accommodate the proposed remote work arrangement, or
(h) the employee has provided information that is false or misleading in a material respect in making the remote work request.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/25/enacted/en/html
WRC Jurisdiction – Process Review Only
According to Section 27(6) of the Act:
“Neither an Adjudication Officer nor the Labour Court, on an appeal under section 44(1) of the Workplace Relations Act 2015, shall have power to assess the merits of any decision made by an employer in relation to a remote work request.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/27/enacted/en/html
According to the WRC Code of Practice: “Under the Act, neither an Adjudication Officer of the WRC, nor the Labour Court has the legal power to assess the merits of any decision made by an employer in relation to flexible working. This means that they cannot look behind the merits of the decision, they can only look at the process which led to the employer’s decision.”
Complaint Mechanism
According to Section 27(1) of the Act:
“An employee may present a complaint to the Workplace Relations Commission that his or her employer has contravened a provision of this Part in relation to the employee.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/27/enacted/en/html
Time limit: According to Section 27(2), complaints must be presented within 6 months of the contravention, extendable to 12 months where reasonable cause exists.
Complaint form: Online form available at https://www.workplacerelations.ie/
Contact for questions: Workplace Relations Commission Information and Customer Service Phone: +353 59 9178990 Lo Call: 0818 80 80 90 Email: info@workplacerelations.ie
Remedies for Breach
According to Section 27(5) of the Act, where a contravention is found:
“(a) direct the employer to comply with the provision concerned, or (b) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/27/enacted/en/html
Anti-Retaliation Protection
According to Section 26 of the Act:
“(1) An employer shall not penalise an employee for— (a) making a remote work request, (b) bringing proceedings against the employer or another person under any provision of this Part, or (c) giving evidence in proceedings under this Part.
(2) Without prejudice to the generality of subsection (1), an employer shall not, in relation to an employee, do any of the acts mentioned in section 3(2) of the Unfair Dismissals Act 1977.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/26/enacted/en/html
Penalization includes dismissal, unfavorable changes to terms, unfavorable treatment, threats, or other detrimental acts.
Employer Legal Obligations
Obligation to Consider Requests
According to Section 24(1) of the Work Life Balance and Miscellaneous Provisions Act 2023, upon receiving a remote work request, an employer shall:
“(a) meet with the employee to discuss the request, and (b) issue to the employee a decision notice in accordance with subsection (2).”
This must occur “as soon as may be, but not later than 4 weeks after the receipt of the request.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/24/enacted/en/html
Obligation to Have Regard to Code of Practice
According to gov.ie press release of 7 March 2024:
“Employers and employees are obliged to have regard to a Code of Practice when considering applications for remote working arrangements.”
According to Section 20(9) of the Workplace Relations Act 2015: “In any proceedings before a court, the Labour Court or an adjudication officer, a code of practice shall be admissible in evidence and any provision of the code which appears to the court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.”
Source: https://www.irishstatutebook.ie/eli/2015/act/16/section/20/enacted/en/html
Meeting Requirement
According to Section 24(1)(a), the employer must “meet with the employee to discuss the request” within 4 weeks of receiving it (or up to 12 weeks if extended under prescribed circumstances).
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/24/enacted/en/html
Decision Notice Requirements
According to Section 24(2) of the Act, the decision notice shall:
“(a) be in writing, (b) be issued to the employee within the period referred to in subsection (1), (c) state whether the employer has decided to— (i) permit the employee to perform his or her duties of employment by way of remote work in accordance with the proposed remote work arrangement, or (ii) refuse the request, and (d) in case the employer has decided to refuse the request, specify the grounds for refusing the request.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/24/enacted/en/html
Health and Safety Obligations
According to the Health and Safety Authority guidance:
“The responsibility for safety and health at work rests with the employer regardless of whether an employee works remotely or at the employer’s premises. Employers must provide a safe work environment and, in doing so, assess the risks and ensure appropriate controls are in place to safeguard employees at work.”
Source: https://www.hsa.ie/eng/topics/remote_working/
Legal basis: Safety, Health and Welfare at Work Act 2005
According to Section 8(1) of the Safety, Health and Welfare at Work Act 2005: “Every employer shall ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.”
Source: https://www.irishstatutebook.ie/eli/2005/act/10/section/8/enacted/en/html
Risk Assessment Obligation
According to the Health and Safety Authority:
“It is the employer’s responsibility to proactively ensure that the assessment is completed for each employee by a suitably trained, competent person and account is taken of changing circumstances.”
Source: https://www.hsa.ie/eng/topics/remote_working/further_information.html
Assessment process: Three-step process outlined in HSA Occupational Safety & Health Guidance on Remote Working
Checklist: Remote Working Assessment Checklist available at: https://www.hsa.ie/eng/topics/remote_working/remote_working_checklist.pdf
Display Screen Equipment Requirements
According to S.I. No. 299/2007 (Safety, Health and Welfare at Work (General Application) Regulations 2007), Chapter 5 and Schedule 4 contain: “Minimum Requirements for all Display Screen Equipment which includes information on the monitor, keyboard, and work desk.”
Source: HSA guidance referencing S.I. No. 299/2007
These requirements apply to remote working situations where employees use display screen equipment.
Record-Keeping Obligation
According to Section 28 of the Work Life Balance and Miscellaneous Provisions Act 2023:
“(1) An employer shall maintain a record of each remote work arrangement to which an employee employed by him or her is a party.
(2) A record under subsection (1) shall be retained for a period of 3 years from the date on which the remote work arrangement ends.
(3) An employer shall also maintain a record of each remote work request made to him or her under section 22 and each decision notice issued by him or her under section 24.
(4) A record under subsection (3) shall be retained for a period of one year from the date of the receipt of the remote work request or the issue of the decision notice, as the case may be.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/28/enacted/en/html
Penalties for Record-Keeping Failures
According to Section 29 of the Act:
“An employer who contravenes section 28 shall be guilty of an offence and shall be liable on summary conviction to a class C fine.”
A class C fine, according to Section 3 of the Fines Act 2010, currently stands at €2,500.
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/29/enacted/en/html
Data Protection Obligations
According to enterprise.gov.ie:
“The Data Protection Commission has given guidance on protecting personal data when working remotely.”
Source: https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/remote-working/
Legal basis: Data Protection Act 2018 (implementing GDPR)
Employers must ensure compliance with data protection requirements when employees work remotely, including:
- Security of personal data
- Access controls
- Data processing agreements
- Employee training on data protection
Data Protection Commission website: https://www.dataprotection.ie/
Right to Disconnect Obligations
According to the Code of Practice on the Right to Disconnect (effective 1 April 2021):
Employers are encouraged to: “Engage proactively with employees and/or their trade union or other employee representatives to develop a Right to Disconnect Policy that takes account of the particular needs of the business and its workforce.”
Source: https://www.gov.ie/en/press-release/6b64a-tanaiste-signs-code-of-practice-on-right-to-disconnect/
According to the Code: “The policy should take account of health and safety legislation, the employee’s terms and conditions of employment as they relate to working time and the statutory obligations on both employers and employees, with particular emphasis on full compliance.”
Equal Treatment Obligation
Employers must treat remote workers equally with on-site workers in terms of:
- Training opportunities
- Career development
- Terms and conditions of employment
- Access to facilities and benefits
Legal basis: Various employment equality and employment rights legislation
According to WRC Code of Practice: “Nothing in the Code of Practice shall prevent employers providing more favourable terms than those set out in the legislation.”
Non-Penalization Obligation
According to Section 26(1) of the Act:
“An employer shall not penalise an employee for— (a) making a remote work request, (b) bringing proceedings against the employer or another person under any provision of this Part, or (c) giving evidence in proceedings under this Part.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/26/enacted/en/html
Equipment and Expense Legal Requirements
Legal Framework
Ireland’s legal framework does not mandate specific equipment provision for remote workers under primary legislation. However, health and safety regulations and employer obligations may apply.
According to the Health and Safety Authority:
“Employers must provide a safe work environment and, in doing so, assess the risks and ensure appropriate controls are in place to safeguard employees at work.”
Source: https://www.hsa.ie/eng/topics/remote_working/
Display Screen Equipment Requirements
According to S.I. No. 299/2007 (Safety, Health and Welfare at Work (General Application) Regulations 2007), Chapter 5 and Schedule 4:
“Minimum Requirements for all Display Screen Equipment which includes information on the monitor, keyboard, and work desk.”
Source: HSA guidance referencing S.I. No. 299/2007
These minimum requirements apply to workstations used for remote work where display screen equipment is used.
Employer Allowance for Expenses
According to Revenue (Irish tax authority):
“Your employer can pay you a contribution towards these costs or you can make a claim for tax relief during the year or after the end of the year. If your employer pays you a working from home allowance towards these expenses, you can get up to €3.20 per day without paying any tax.”
Source: Revenue.ie – Remote working section https://www.revenue.ie/en/employing-people/employee-expenses/remote-working/index.aspx
According to Revenue guidance: “Your employee’s costs might be higher than €3.20 per workday and you may repay these expenses. Any amount higher than €3.20 per workday must have tax deducted. Records of the payments made must be retained by you.”
Source: https://www.revenue.ie/en/employing-people/employee-expenses/remote-working/index.aspx
Equipment Provided by Employers – Tax Treatment
According to Revenue guidance:
“You may provide equipment and facilities to a remote working employee for business use such as:
- computers
- laptops
- printers
- office furniture
- broadband connection
- telephone”
“This is not a Benefit-in-Kind where private use by your employee is minimal.”
Source: https://www.revenue.ie/en/employing-people/employee-expenses/remote-working/index.aspx
According to citizensinformation.ie: “If your employer gives you equipment that you need to do your work, like a computer or printer, and you mainly use it for work, it is not considered a benefit-in-kind. This means that you do not have to pay any tax for getting the equipment from your employer.”
Tax Relief on Remote Working Expenses
Employee Tax Relief Available
According to Revenue:
“You may have extra costs when you are working from home including heating, electricity and broadband costs.”
Calculation method for 2022 onwards:
“To calculate the amount of costs you can get tax relief on for your electricity, heating, and internet costs:
- Add your electricity, heating, and internet costs and multiply the total costs by the number of days worked at home
- Divide by 365 (or the number of days in the year you are claiming for)
- Multiply by 30%
- Subtract any remote working allowance you already received from your employer”
Source: https://www.revenue.ie/en/jobs-and-pensions/eworking/calculate-allowable-remote-working-costs.aspx
Tax relief rate: According to citizensinformation.ie: “You get tax relief on the amount of your costs at a rate of 20% or 40%, whichever is the highest rate of income tax you pay.”
Eligible Expenses
According to Revenue: “Tax relief on e-working covers the additional costs of working from home. This includes:
- electricity
- heating
- broadband”
Not eligible: “Items you buy, such as laptops, computers, office equipment and office furniture, are not allowable costs for Remote Working Relief.”
Claiming Tax Relief Process
According to Revenue:
“You can claim tax relief online using Revenue’s myAccount service. For 2025, you can claim the tax relief during the year or after the end of the year. If you claim during the year, you can get real-time credits.”
Process: “Sign into myAccount Click on ‘Review your tax’ link in PAYE Services Select the Income Tax return for the relevant tax year In the ‘Tax Credits and Reliefs’ page (Page 4 of 5) select the ‘Your job’ tab Select ‘Remote Working Relief’ and insert the amount of expense at the ‘Amount Claimed’ section”
Record retention: According to Revenue: “From 2022 onwards, to support your claim you need to upload receipts and images of your utility bills. You can upload receipts and images of utility bills paid using the Receipts tracker in myAccount.”
Source: https://www.revenue.ie/en/jobs-and-pensions/eworking/calculate-allowable-remote-working-costs.aspx
Retention period: “If you do not upload receipts and bills, you need to retain the originals for a period of six years.”
Source: https://www.revenue.ie/en/jobs-and-pensions/eworking/how-to-claim.aspx
Revenue Contact Information
Revenue Commissioners
myAccount service: https://www.revenue.ie/en/online-services/services/my-account/index.aspx Remote working information: https://www.revenue.ie/en/jobs-and-pensions/eworking/index.aspx General enquiries: 01 738 3682 (personal callers) or Lo-call 1890 20 30 70
Working Hours Regulations
Legal Framework
Organisation of Working Time Act 1997
Official citation: Act No. 20 of 1997 Official text: https://www.irishstatutebook.ie/eli/1997/act/20/enacted/en/html
This Act establishes maximum working hours, rest periods, and breaks that apply to remote workers.
Maximum Working Hours
According to Section 15 of the Organisation of Working Time Act 1997:
“(1) An employer shall not permit an employee to work more than an average of 48 hours per week over the reference period (and, accordingly, shall organise the working time of such employee so that the hours the employee actually works do not exceed such average).”
Source: https://www.irishstatutebook.ie/eli/1997/act/20/section/15/enacted/en/html
Reference period: According to Section 15(2), the reference period is generally 4 months, though this can be extended to 6 or 12 months in certain circumstances.
According to citizensinformation.ie: “The maximum working hours for most employees are set out in the Organisation of Working Time Act 1997.”
Rest Periods
Daily Rest Period
According to Section 11 of the Act: “(1) An employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing him or her a break of at least 30 minutes.”
Source: https://www.irishstatutebook.ie/eli/1997/act/20/section/11/enacted/en/html
Weekly Rest Period
According to Section 13: “An employer shall grant each of his or her employees— (a) a rest period of not less than 24 consecutive hours in each period of 7 days, following a daily rest period”
Source: https://www.irishstatutebook.ie/eli/1997/act/20/section/13/enacted/en/html
Daily Rest Period
According to Section 12: “An employer shall grant each of his or her employees a rest period of not less than 11 consecutive hours in each period of 24 hours.”
Source: https://www.irishstatutebook.ie/eli/1997/act/20/section/12/enacted/en/html
Application to Remote Workers
According to citizensinformation.ie: “The maximum working hours for most employees are set out in the Organisation of Working Time Act 1997.”
These provisions apply to all employees, including remote workers.
According to enterprise.gov.ie: “Employers have certain responsibilities towards their employees regardless of whether an employee works remotely.”
Source: https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/remote-working/
Time Recording
According to citizensinformation.ie: “As well as making sure your employee takes adequate breaks, you should also respect their right to disconnect from work outside of normal working hours.”
Employers must maintain records of employees’ working hours under the Organisation of Working Time Act 1997.
Enforcement
Workplace Relations Commission
The WRC has responsibility for enforcement of the Organisation of Working Time Act 1997.
Contact: Workplace Relations Commission O’Brien Road, Carlow, R93 E920 Phone: +353 59 9178990 Lo Call: 0818 80 80 90 Website: https://www.workplacerelations.ie/
Right to Disconnect
Legal Framework
Code of Practice for Employers and Employees on the Right to Disconnect
Effective date: 1 April 2021 Issued by: Workplace Relations Commission
According to gov.ie press release of 1 April 2021:
“The Code of Practice comes into effect immediately and applies to all types of employment, whether you are working remotely or not. It will help employees, no matter what their job is, to strike a better work-life balance and switch off from work outside of their normal working hours.”
Source: https://www.gov.ie/en/press-release/6b64a-tanaiste-signs-code-of-practice-on-right-to-disconnect/
Scope of the Code
According to the Code description:
“The Code applies to all types of employment, whether an individual is working remotely, in a fixed location, at home or is mobile.”
Source: https://www.gov.ie/en/press-release/6b64a-tanaiste-signs-code-of-practice-on-right-to-disconnect/
Main Elements of Right to Disconnect
According to citizensinformation.ie, the Code establishes:
“A right not to have to routinely work outside normal working hours A right not to be penalised for refusing to work outside normal hours A duty to respect another person’s right to disconnect, for example by not routinely emailing or calling outside normal working hours”
According to the gov.ie press release:
“The Code introduces three main elements of the right to disconnect: the right of an employee to not routinely perform work outside normal working hours; the right to not be penalised for refusing to attend to work matters outside of normal working hours, and a duty to respect another person’s right to disconnect.”
Source: https://www.gov.ie/en/press-release/6b64a-tanaiste-signs-code-of-practice-on-right-to-disconnect/
Employer Obligations Under the Code
According to the Code guidance:
“Employers are encouraged to engage proactively with employees and/or their trade union or other employee representatives to develop a Right to Disconnect Policy that takes account of the particular needs of the business and its workforce.”
Source: https://www.gov.ie/en/press-release/6b64a-tanaiste-signs-code-of-practice-on-right-to-disconnect/
According to the Code: “The policy should take account of health and safety legislation, the employee’s terms and conditions of employment as they relate to working time and the statutory obligations on both employers and employees, with particular emphasis on full compliance.”
Source: Workplace Relations Commission Code description
Sample policy: According to citizensinformation.ie: “You can find a template of a ‘Right to Disconnect Policy’ (pdf) on page 11 of the WRC handbook.”
Employee Rights Under the Code
According to citizensinformation.ie:
“You have a right to disconnect from work outside of your usual working hours. This means you have the right to switch off and not respond immediately to work-related emails, calls or messages outside of usual work times. Similarly, you should respect your colleagues’ right to disconnect from their work too.”
Legal Effect of the Code
According to Section 20(9) of the Workplace Relations Act 2015:
“In any proceedings before a court, the Labour Court or an adjudication officer, a code of practice shall be admissible in evidence and any provision of the code which appears to the court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.”
Source: https://www.irishstatutebook.ie/eli/2015/act/16/section/20/enacted/en/html
According to citizensinformation.ie: “While failure to follow the code is not an offence, it can be used as evidence in a case taken to the Labour Court or WRC under employment legislation.”
Director General Statement
According to the gov.ie press release, the WRC Director General stated:
“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.”
Source: https://www.gov.ie/en/press-release/6b64a-tanaiste-signs-code-of-practice-on-right-to-disconnect/
Official Code Document
Full Code of Practice available at: Workplace Relations Commission website https://www.workplacerelations.ie/
Health and Safety Legal Requirements
Primary Legal Framework
Safety, Health and Welfare at Work Act 2005
Official citation: Act No. 10 of 2005 Official text: https://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/html
Employer General Duty
According to Section 8(1) of the Safety, Health and Welfare at Work Act 2005:
“Every employer shall ensure, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.”
Source: https://www.irishstatutebook.ie/eli/2005/act/10/section/8/enacted/en/html
According to the Health and Safety Authority:
“The responsibility for safety and health at work rests with the employer regardless of whether an employee works remotely or at the employer’s premises.”
Source: https://www.hsa.ie/eng/topics/remote_working/
Display Screen Equipment Regulations
Safety, Health and Welfare at Work (General Application) Regulations 2007
Official citation: S.I. No. 299/2007 Chapter 5 and Schedule 4: Display Screen Equipment
According to HSA guidance:
“S.I. No. 299 of 2007 Safety, Health and Welfare at Work (General Application) Regulations 2007 Chapter 5 and Schedule 4 Minimum Requirements for all Display Screen Equipment which includes information on the monitor, keyboard, and work desk.”
Source: https://www.hsa.ie/eng/topics/remote_working/remote_working_guidance.pdf
Risk Assessment Obligation
According to the Health and Safety Authority:
“Employers must provide a safe work environment and, in doing so, assess the risks and ensure appropriate controls are in place to safeguard employees at work.”
Source: https://www.hsa.ie/eng/topics/remote_working/
According to HSA:
“It is the employer’s responsibility to proactively ensure that the assessment is completed for each employee by a suitably trained, competent person and account is taken of changing circumstances.”
Source: https://www.hsa.ie/eng/topics/remote_working/further_information.html
Official HSA Guidance Documents
Occupational Safety & Health Guidance on Remote Working
According to the HSA:
“The Occupational Safety & Health Guidance on Remote Working provides guidance for employers and employees on roles and responsibilities in relation to remote working, and the remote working risk assessment process. The assessment involves a three-step process.”
Source: https://www.hsa.ie/eng/topics/remote_working/remote_working_guidance_and_checklist
Remote Working Assessment Checklist
Available at: https://www.hsa.ie/eng/topics/remote_working/remote_working_checklist.pdf
Employee Responsibilities
According to citizensinformation.ie:
“If you are working from home, you have a responsibility to take reasonable care of yourself and other people who may be affected by the work you are doing.”
Employee responsibilities include:
- “Protect yourself and others from harm during your work. For example, you must take care of your equipment and report any problems immediately to your employer”
- “Agree on temporary remote working arrangements with your employer, including regular communication with them”
- “Identify the work to be done at home with your employer”
- “Identify the equipment you need to set up a safe workspace at home and agree this with your employer”
- “Identify a suitable safe space within your home for home working”
- “Agree on plans and contacts to be used in the event of an emergency”
Workstation Setup Guidance
According to HSA guidance on proper workstation setup:
“Sit upright and all the way back in the chair. Sit facing work area. Shoulders relaxed and head naturally balanced.”
Source: https://www.hsa.ie/eng/topics/remote_working/remote_working_guidance.pdf
Psychosocial Hazards
According to the Health and Safety Authority:
“Psychosocial hazards are factors in the design or management of work that have the potential to cause harm to a person’s psychological wellbeing. Harm to psychological wellbeing means harm to mental health and changes in subsequent behaviour.”
“In the standard ‘on-site workplace’, examples of psychosocial hazards include conflict, bullying, high demands, low control, role confusion, low support, and improper communication (e.g., shouting, not communicating at all, or mumbling). Exposure to one or more of these hazards on an on-going basis can cause harm.”
Source: https://www.hsa.ie/eng/topics/remote_working/
Work-Related Stress
According to enterprise.gov.ie:
“Safety, health and welfare at work also covers psychosocial aspects such as work-related stress. The employer has a duty to have safe systems of work in place; they should ensure that the system of work for those working from home is reasonable. This includes supervision, communication, training, breaks, supports, and fairness, allocation of work and respectful behaviour and management.”
Source: https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/remote-working/
HSA Contact Information
Health and Safety Authority
Address: The Metropolitan Building, James Joyce Street, Dublin 1, D01 K0Y8 Website: https://www.hsa.ie/ Remote working section: https://www.hsa.ie/eng/topics/remote_working/
HSA Learning (free online courses): https://hsalearning.ie/
Data Protection Legal Requirements
Legal Framework
Data Protection Act 2018
Official citation: Act No. 7 of 2018 Implements: EU General Data Protection Regulation (GDPR) Official text: https://www.irishstatutebook.ie/eli/2018/act/7/enacted/en/html
Employer Obligations
According to enterprise.gov.ie:
“The Data Protection Commission has given guidance on protecting personal data when working remotely.”
Source: https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/remote-working/
According to citizensinformation.ie:
“The Data Protection Commission has given guidance on protecting personal data when working remotely.”
Data Protection Commission
Data Protection Commission (DPC)
Address: 21 Fitzwilliam Square South, Dublin 2, D02 RD28 Phone: +353 (0)761 104 800 Lo-call: 1890 252 231 Email: info@dataprotection.ie Website: https://www.dataprotection.ie/
Remote working guidance: Available on DPC website
Application of GDPR Principles
Employers processing personal data in remote work contexts must comply with GDPR principles including:
- Lawfulness, fairness and transparency
- Purpose limitation
- Data minimization
- Accuracy
- Storage limitation
- Integrity and confidentiality (security)
- Accountability
Source: GDPR Articles 5-6
Security Requirements
According to Article 32 of GDPR (as implemented by Data Protection Act 2018), employers must implement appropriate technical and organizational measures to ensure security of personal data, including:
- Pseudonymisation and encryption
- Ensuring ongoing confidentiality, integrity, availability and resilience
- Ability to restore availability and access to data in case of incident
- Process for regularly testing and evaluating effectiveness of measures
Employee Monitoring
According to the WRC Code of Practice description:
Monitoring of remote workers is subject to data protection requirements and must be proportionate and necessary.
Any monitoring must comply with:
- Data Protection Act 2018
- GDPR requirements
- Employee privacy rights
- Proportionality requirements
Data Breach Obligations
Under the Data Protection Act 2018 implementing GDPR Article 33, employers must notify the Data Protection Commission of personal data breaches within 72 hours where feasible, where the breach is likely to result in a risk to individuals’ rights and freedoms.
Official Guidance Resources
Data Protection Commission Website: https://www.dataprotection.ie/ Guidance on various data protection topics available online
Enterprise.gov.ie Remote working section includes data protection considerations: https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/remote-working/
Written Agreement Legal Requirements
No Mandatory Written Agreement Under Primary Legislation
The Work Life Balance and Miscellaneous Provisions Act 2023 does not mandate a written remote working agreement between employer and employee.
However, according to the WRC Code of Practice guidance, it is advisable for employers and employees to document remote working arrangements.
Terms and Conditions of Employment
According to the Terms of Employment (Information) Acts 1994-2014, employers must provide employees with a written statement of terms of employment.
If remote working becomes a term of employment, it should be documented in writing.
WRC Code of Practice Recommendations
According to the WRC Code of Practice approved by S.I. No. 92/2024:
The Code provides practical guidance on documenting remote working arrangements, including:
- Location of remote work
- Days and hours of remote work
- Equipment provided
- Health and safety arrangements
- Communication protocols
- Review arrangements
Source: Enterprise.gov.ie summary of Code provisions
Record-Keeping Requirements
According to Section 28 of the Work Life Balance and Miscellaneous Provisions Act 2023:
“(1) An employer shall maintain a record of each remote work arrangement to which an employee employed by him or her is a party.
(2) A record under subsection (1) shall be retained for a period of 3 years from the date on which the remote work arrangement ends.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/28/enacted/en/html
Content of Arrangements
While not mandated by statute, the WRC Code suggests arrangements may address:
- Specific remote working days
- Location(s) of remote work
- Start date and duration of arrangement
- Equipment and technology provision
- Expense reimbursement
- Health and safety responsibilities
- Data protection and confidentiality
- Communication and availability expectations
- Performance management
- Review and modification procedures
- Termination provisions
Duration and Review
According to Section 24(4) of the Act:
“(4) An employer and an employee may agree to vary a remote work arrangement at any time.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/24/enacted/en/html
Employers and employees may agree to review and modify arrangements periodically.
Tax and Social Security Framework
Income Tax Treatment
Employer Allowance – Tax-Free Amount
According to Revenue:
“If your employer pays you a working from home allowance towards these expenses, you can get up to €3.20 per day without paying any tax.”
This means:
- Up to €3.20 per working day is tax-free
- No PRSI (Pay Related Social Insurance) on this amount
- No USC (Universal Social Charge) on this amount
Source: https://www.revenue.ie/en/employing-people/employee-expenses/remote-working/index.aspx
Amounts Above €3.20 Per Day
According to Revenue: “Your employee’s costs might be higher than €3.20 per workday and you may repay these expenses. Any amount higher than €3.20 per workday must have tax deducted.”
Source: https://www.revenue.ie/en/employing-people/employee-expenses/remote-working/index.aspx
Employee Tax Relief
Eligible expenses:
- Electricity costs
- Heating costs
- Broadband/internet costs
Calculation for 2022 onwards:
According to Revenue: “Add your electricity, heating, and internet costs and multiply the total costs by the number of days worked at home Divide by 365 (or the number of days in the year you are claiming for) Multiply by 30% Subtract any remote working allowance you already received from your employer”
Source: https://www.revenue.ie/en/jobs-and-pensions/eworking/calculate-allowable-remote-working-costs.aspx
Rate of relief:
According to citizensinformation.ie: “You get tax relief on the amount of your costs at a rate of 20% or 40%, whichever is the highest rate of income tax you pay.”
Relief application: Relief is given at the employee’s marginal rate of tax (20% or 40%).
Equipment Provided by Employer – Benefit-in-Kind
According to Revenue:
“If your employer gives you equipment that you need to do your work, like a computer or printer, and you mainly use it for work, it is not considered a benefit-in-kind. This means that you do not have to pay any tax for getting the equipment from your employer.”
Social Insurance (PRSI)
Remote workers generally remain subject to the same PRSI obligations as office-based workers.
Employer and employee PRSI: Continues to apply based on employment relationship and income level.
Location: For employees working remotely in Ireland for an Irish employer, Irish social insurance contributions apply.
Universal Social Charge (USC)
USC applies to income from employment, including remote workers, based on income thresholds.
Remote working allowances up to €3.20 per day are exempt from USC.
Capital Gains Tax (CGT) – Principal Private Residence Relief
According to Revenue:
“Your employee might use part of their home for remote working. If they do, it will not affect their Principal Private Residence Relief claim for full exemption from CGT.”
Source: https://www.revenue.ie/en/employing-people/employee-expenses/remote-working/index.aspx
Local Property Tax (LPT)
According to Revenue:
“Your remote working employee will not receive a reduction on LPT due if they use a room in their home to carry out work-related activities.”
Source: https://www.revenue.ie/en/employing-people/employee-expenses/remote-working/index.aspx
Official Tax Guidance
Revenue Commissioners
Remote working tax information: https://www.revenue.ie/en/jobs-and-pensions/eworking/index.aspx Employer guidance: https://www.revenue.ie/en/employing-people/employee-expenses/remote-working/index.aspx myAccount (claim relief): https://www.revenue.ie/en/online-services/services/my-account/index.aspx
Contact: Phone: 01 738 3682 (personal callers) Lo-call: 1890 20 30 70
Cross-Border Work Legal Framework
EU/EEA Remote Working
For employees working remotely from other EU/EEA countries for Irish employers, complex social security and tax rules may apply.
Social security coordination: EU Regulations 883/2004 and 987/2009 coordinate social security for cross-border workers.
General principle: According to EU rules, employees are generally subject to social security of the country where they work.
Exception – Posted workers: Employees temporarily posted to another EU country may remain under home country social security.
Multi-State Working
According to EU social security coordination rules, special provisions apply when employees work in multiple EU member states.
Substantial activity test: If an employee performs substantial activity (generally 25% or more) in their country of residence, they may be subject to that country’s social security.
A1 Certificate
For cross-border work within EU/EEA, an A1 certificate (previously E101) determines which country’s social security applies.
Irish issuing authority: Department of Social Protection Website: https://www.gov.ie/en/service/07faa-application-for-a-portable-document-a1/
Tax Implications – Cross-Border
Tax residence and double taxation treaties determine tax obligations for cross-border remote workers.
Irish tax residence: Generally, individuals who spend 183 days or more in Ireland in a tax year are Irish tax resident.
Double Taxation Agreements: Ireland has double taxation treaties with many countries to avoid double taxation.
Revenue guidance: Consult Revenue Commissioners for specific cross-border tax situations.
Contact: https://www.revenue.ie/
UK Remote Working Post-Brexit
Following Brexit, separate social security agreements apply between Ireland and UK.
Common Travel Area: Special arrangements exist between Ireland and UK for certain benefits.
Social security coordination: Bilateral agreement between Ireland and UK on social security.
Contact: Department of Social Protection for specific UK-Ireland situations.
Non-EU Remote Working
For remote working involving non-EU countries, bilateral social security agreements (if any) and domestic tax/immigration rules apply.
Employees may require appropriate visa/work authorization for their location.
Official Contacts for Cross-Border Issues
Department of Social Protection
Website: https://www.gov.ie/en/organisation/department-of-social-protection/ Social security coordination: Information available on gov.ie
Revenue Commissioners
International tax matters: https://www.revenue.ie/ Phone: 01 738 3682
Department of Enterprise, Tourism and Employment
Employment law queries: https://enterprise.gov.ie/ Contact page: https://enterprise.gov.ie/en/contact-us/
Enforcement Mechanisms and Penalties
Workplace Relations Commission (WRC) – Primary Enforcement Body
Jurisdiction
The WRC has jurisdiction over complaints under the Work Life Balance and Miscellaneous Provisions Act 2023, including remote work provisions.
Complaint Process
According to Section 27(1) of the Act:
“An employee may present a complaint to the Workplace Relations Commission that his or her employer has contravened a provision of this Part in relation to the employee.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/27/enacted/en/html
Time limits:
According to Section 27(2): “A complaint under subsection (1) shall be presented within the period of 6 months beginning on the date of the contravention to which the complaint relates.”
Extension: May be extended to 12 months “where the Workplace Relations Commission is satisfied that there is reasonable cause which prevented the presentation of the complaint within the period referred to in that subsection.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/27/enacted/en/html
How to complain:
Online complaint form: https://www.workplacerelations.ie/ Email for additional documents: submissions@workplacerelations.ie
According to citizensinformation.ie: “If you cannot resolve your complaint informally with your employer, you can make a formal complaint to the WRC using its online complaint form.”
WRC Powers and Limitations
Process review only:
According to Section 27(6) of the Act:
“Neither an Adjudication Officer nor the Labour Court, on an appeal under section 44(1) of the Workplace Relations Act 2015, shall have power to assess the merits of any decision made by an employer in relation to a remote work request.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/27/enacted/en/html
This means the WRC can only review whether proper process was followed, not whether the employer’s decision was correct.
Remedies Available
According to Section 27(5) of the Act, where a contravention is found, the WRC may:
“(a) direct the employer to comply with the provision concerned, or (b) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 4 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/27/enacted/en/html
Maximum compensation: 4 weeks’ remuneration
Appeals
According to Section 44 of the Workplace Relations Act 2015, decisions of WRC Adjudication Officers may be appealed to the Labour Court within 42 days.
Labour Court
Address: Tom Johnson House, Haddington Road, Dublin 4, D04 XW81 Phone: +353 1 613 6666 Website: https://www.labourcourt.ie/
Record-Keeping Penalties
According to Section 29 of the Work Life Balance and Miscellaneous Provisions Act 2023:
“An employer who contravenes section 28 shall be guilty of an offence and shall be liable on summary conviction to a class C fine.”
A class C fine currently stands at €2,500 under the Fines Act 2010.
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/29/enacted/en/html
What must be kept:
- Records of each remote work arrangement (retain 3 years)
- Records of each remote work request and decision notice (retain 1 year)
Health and Safety Enforcement
Health and Safety Authority (HSA)
The HSA enforces health and safety legislation, including for remote workers.
Inspection powers: HSA inspectors may conduct inspections of remote working arrangements.
Penalties: Breaches of Safety, Health and Welfare at Work Act 2005 can result in:
- Improvement notices
- Prohibition notices
- Criminal prosecution
- Fines and/or imprisonment for serious breaches
Contact: Health and Safety Authority The Metropolitan Building, James Joyce Street, Dublin 1, D01 K0Y8 Website: https://www.hsa.ie/ Phone: +353 1 614 7000
Data Protection Enforcement
Data Protection Commission (DPC)
The DPC enforces data protection law under the Data Protection Act 2018 and GDPR.
Complaint process: Individuals may complain to DPC about data protection breaches.
Powers: DPC has extensive enforcement powers including:
- Investigations
- Corrective orders
- Administrative fines up to €20 million or 4% of global turnover (whichever is higher)
Contact: Data Protection Commission 21 Fitzwilliam Square South, Dublin 2, D02 RD28 Phone: +353 (0)761 104 800 Website: https://www.dataprotection.ie/
Working Time Enforcement
Breaches of the Organisation of Working Time Act 1997 may be enforced through:
- WRC inspections
- WRC complaints
- Criminal prosecution for serious breaches
Resources
Primary Employment Authority
Department of Enterprise, Tourism and Employment
Mailing address: 23-28 Kildare Street, Dublin, D02 TD30, Ireland
Phone: +353 1 631 2121 Website: https://enterprise.gov.ie/ Email: info@enterprise.gov.ie
Remote work information page: https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/remote-working/
Hours: Standard government office hours (Monday-Friday, 9:00-17:00)
Workplace Relations Commission
Main Office
Address: O’Brien Road, Carlow, R93 E920, Ireland
Phone: +353 59 9178990 Lo Call: 0818 80 80 90 Email: info@workplacerelations.ie Website: https://www.workplacerelations.ie/
Information and Customer Service hours: Monday to Friday, 09:30-13:00, 14:00-17:00
Online services:
- Complaint form: https://www.workplacerelations.ie/
- Codes of Practice: Available on website
- Decisions database: Published decisions available online
Regional Office – Dublin
Address: O’Brien House, Shelbourne Road, Ballsbridge, Dublin 4, D04 V0P4
Regional Office – Cork
Address: Elysian Building, Eglington Street, Cork
Health and Safety Authority
Headquarters
Address: The Metropolitan Building, James Joyce Street, Dublin 1, D01 K0Y8, Ireland
Phone: +353 1 614 7000 Website: https://www.hsa.ie/ Email: wcu@hsa.ie
Remote working section: https://www.hsa.ie/eng/topics/remote_working/
Contact Centre: Available for technical and general queries HSA Learning: Free online training at https://hsalearning.ie/
Revenue Commissioners
Personal tax queries
Phone: 01 738 3682 (personal callers) Lo-call: 1890 20 30 70
Website: https://www.revenue.ie/ myAccount: https://www.revenue.ie/en/online-services/services/my-account/index.aspx
Remote working tax relief: https://www.revenue.ie/en/jobs-and-pensions/eworking/index.aspx
Employer tax queries
Employer guidance: https://www.revenue.ie/en/employing-people/employee-expenses/remote-working/index.aspx
Data Protection Commission
Main Office
Address: 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland
Phone: +353 (0)761 104 800 Lo-call: 1890 252 231 Email: info@dataprotection.ie Website: https://www.dataprotection.ie/
Services:
- Data protection guidance
- Complaint handling
- Breach notification
- Data protection resources
Department of Social Protection
Headquarters
Address: Floor 2, Áras Mhic Dhiarmada, Store Street, Dublin 1, D01 WY03
Website: https://www.gov.ie/en/organisation/department-of-social-protection/
Phone: Various numbers for different schemes (see website)
Services related to remote work:
- Social insurance information
- Cross-border social security (EU coordination)
- A1 certificates
Labour Court
Main Office
Address: Tom Johnson House, Haddington Road, Dublin 4, D04 XW81, Ireland
Phone: +353 1 613 6666 Email: info@labourcourt.ie Website: https://www.labourcourt.ie/
Function: Hears appeals from WRC decisions
Citizens Information Board
Service
Phone: 0818 07 4000 (Monday to Friday 9am-8pm)
Website: https://www.citizensinformation.ie/
Services: Provides information on rights, entitlements, and services
Irish Congress of Trade Unions (ICTU)
Headquarters
Address: 31-32 Parnell Square, Dublin 1, D01 X2X8
Phone: +353 1 889 7777 Website: https://www.ictu.ie/
Role: Umbrella organization for trade unions in Ireland; consulted on WRC Codes of Practice
Irish Business and Employers Confederation (Ibec)
Headquarters
Address: 84/86 Lower Baggot Street, Dublin 2, D02 H720
Phone: +353 1 605 1500 Website: https://www.ibec.ie/
Role: Ireland’s largest business representative organization; consulted on WRC Codes of Practice
Primary Legislation
Work Life Balance and Miscellaneous Provisions Act 2023 Citation: Number 8 of 2023 Enacted: 4 April 2023 Official text: https://www.irishstatutebook.ie/eli/2023/act/8/enacted/en/html Accessed: December 2024
Organisation of Working Time Act 1997 Citation: Act No. 20 of 1997 Official text: https://www.irishstatutebook.ie/eli/1997/act/20/enacted/en/html Accessed: December 2024
Safety, Health and Welfare at Work Act 2005 Citation: Act No. 10 of 2005 Official text: https://www.irishstatutebook.ie/eli/2005/act/10/enacted/en/html Accessed: December 2024
Data Protection Act 2018 Citation: Act No. 7 of 2018 Official text: https://www.irishstatutebook.ie/eli/2018/act/7/enacted/en/html Accessed: December 2024
Workplace Relations Act 2015 Citation: Act No. 16 of 2015 Official text: https://www.irishstatutebook.ie/eli/2015/act/16/enacted/en/html Accessed: December 2024
Secondary Legislation
S.I. No. 91/2024 – Work Life Balance and Miscellaneous Provisions Act 2023 (Commencement of Certain Provisions) Order 2024 Date: 6 March 2024 Official text: https://www.irishstatutebook.ie/eli/2024/si/91/made/en/print Accessed: December 2024
S.I. No. 92/2024 – Work Life Balance and Miscellaneous Provisions Act 2023 (Workplace Relations Commission Code of Practice on the Right to Request Flexible Working and the Right to Request Remote Working) Order 2024 Date: 6 March 2024 Official text: https://www.irishstatutebook.ie/eli/2024/si/92/made/en/print Accessed: December 2024
S.I. No. 299/2007 – Safety, Health and Welfare at Work (General Application) Regulations 2007 Official text: https://www.irishstatutebook.ie/eli/2007/si/299/made/en/print Accessed: December 2024
Codes of Practice
Code of Practice for Employers and Employees on the Right to Request Flexible Working and Right to Request Remote Working Published by: Workplace Relations Commission Approved: 6 March 2024 Available at: https://www.workplacerelations.ie/ Accessed: December 2024
Code of Practice on the Right to Disconnect Published by: Workplace Relations Commission Effective: 1 April 2021 Available at: https://www.workplacerelations.ie/ Accessed: December 2024
Official Government Guidance
Department of Enterprise, Tourism and Employment
“Guidance for Working Remotely” URL: https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/remote-working/ Accessed: December 2024
Health and Safety Authority
“Occupational Safety & Health Guidance on Remote Working” URL: https://www.hsa.ie/eng/topics/remote_working/ Accessed: December 2024
“Remote Working Assessment Checklist” URL: https://www.hsa.ie/eng/topics/remote_working/remote_working_checklist.pdf Accessed: December 2024
Revenue Commissioners
“Remotely working from home” URL: https://www.revenue.ie/en/jobs-and-pensions/eworking/index.aspx Accessed: December 2024
“Remote working” (employer guidance) URL: https://www.revenue.ie/en/employing-people/employee-expenses/remote-working/index.aspx Accessed: December 2024
“How to calculate allowable remote working costs” URL: https://www.revenue.ie/en/jobs-and-pensions/eworking/calculate-allowable-remote-working-costs.aspx Accessed: December 2024
Government Press Releases
Ministers Coveney and O’Gorman introduce right to request remote working and flexible working arrangements for parents and carers Published: 7 March 2024 URL: https://www.gov.ie/en/press-release/4b5c2-ministers-coveney-and-ogorman-introduce-right-to-request-remote-working-and-flexible-working-arrangements-for-parents-and-carers/ Accessed: December 2024
Tánaiste signs Code of Practice on Right to Disconnect Published: 1 April 2021 URL: https://www.gov.ie/en/press-release/6b64a-tanaiste-signs-code-of-practice-on-right-to-disconnect/ Accessed: December 2024
Statistical Sources
Central Statistics Office
“Labour Force Survey Quarter 4 2024 – Publication Briefing” URL: https://www.cso.ie/en/releasesandpublications/ep/p-lfs/labourforcesurveyquarter42024/publicationbriefing/ Accessed: December 2024
“Employment and Life Effects of COVID-19” URL: https://www.cso.ie/en/releasesandpublications/er/elec19/employmentandlifeeffectsofcovid-19/ Accessed: December 2024
Public Information Resources
Citizens Information Board
“Right to request remote working” URL: https://www.citizensinformation.ie/en/employment/employment-rights-and-conditions/contracts-of-employment/right-to-request-remote-working/ Accessed: December 2024
“Working from home” URL: https://www.citizensinformation.ie/en/employment/employment-rights-and-conditions/health-and-safety/working-at-home/ Accessed: December 2024
“Working from home and tax relief” URL: https://www.citizensinformation.ie/en/money-and-tax/tax/income-tax-credits-and-reliefs/eworking-and-tax-relief/ Accessed: December 2024
Contact Information Verification
All government contact information verified from official government websites during December 2024:
- Department of Enterprise, Tourism and Employment: https://enterprise.gov.ie/en/contact-us/
- Workplace Relations Commission: https://www.workplacerelations.ie/en/contact_us/contact-details/
- Health and Safety Authority: https://www.hsa.ie/
- Revenue Commissioners: https://www.revenue.ie/
- Data Protection Commission: https://www.dataprotection.ie/
- Department of Social Protection: https://www.gov.ie/en/organisation/department-of-social-protection/
- Labour Court: https://www.labourcourt.ie/
Frequently Asked Questions
Q1: When did the right to request remote working come into effect in Ireland?
Legal basis: S.I. No. 91/2024 – Commencement Order
According to the Commencement Order: “The 7th day of March 2024 is appointed as the day on which Part 3 of the Work Life Balance and Miscellaneous Provisions Act 2023 (No. 8 of 2023) comes into operation.”
Source: https://www.irishstatutebook.ie/eli/2024/si/91/made/en/print
The right to request remote working became effective on 7 March 2024.
Q2: Can my employer refuse my remote work request?
Legal basis: Section 25 of the Work Life Balance and Miscellaneous Provisions Act 2023
According to the Act, employers may refuse requests based on specific statutory grounds including:
- Detrimental impact on performance
- Duties not capable of being performed remotely
- Negative impact on customers
- Compliance with legal obligations compromised
- Detrimental impact on business operations
- Unable to reorganize work or recruit additional staff
- Contrary to employee health and welfare
- Employee provided false or misleading information
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/25/enacted/en/html
However, according to Section 24, employers must meet with the employee and provide written decision with grounds for refusal.
Q3: How long do I have to work for an employer before I can request remote working?
Legal basis: Section 23(1) of the Work Life Balance and Miscellaneous Provisions Act 2023
According to the Act: “(a) the employee has been in the continuous service of his or her employer for a period of not less than 26 weeks ending on the day on which the request is made”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/23/enacted/en/html
According to citizensinformation.ie: “You have the right to request remote working from your first day in a new job, but you must have 6 months of continuous service with your employer before the arrangement can start.”
Q4: Can the WRC force my employer to allow me to work remotely?
Legal basis: Section 27(6) of the Work Life Balance and Miscellaneous Provisions Act 2023
According to the Act: “Neither an Adjudication Officer nor the Labour Court, on an appeal under section 44(1) of the Workplace Relations Act 2015, shall have power to assess the merits of any decision made by an employer in relation to a remote work request.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/27/enacted/en/html
The WRC can only review whether the proper process was followed, not whether the employer’s decision was correct.
Q5: What tax relief can I claim for working from home?
Legal basis: Revenue tax guidance
According to Revenue: “For 2022 and subsequent tax years, to calculate the amount of costs you can get tax relief on for your electricity, heating, and internet costs: Add your electricity, heating, and internet costs and multiply the total costs by the number of days worked at home Divide by 365 (or the number of days in the year you are claiming for) Multiply by 30%”
According to citizensinformation.ie: “You get tax relief on the amount of your costs at a rate of 20% or 40%, whichever is the highest rate of income tax you pay.”
Source: https://www.revenue.ie/en/jobs-and-pensions/eworking/calculate-allowable-remote-working-costs.aspx
Q6: Can my employer pay me an allowance for working from home?
Legal basis: Revenue guidance
According to Revenue: “If your employer pays you a working from home allowance towards these expenses, you can get up to €3.20 per day without paying any tax.”
“Your employee’s costs might be higher than €3.20 per workday and you may repay these expenses. Any amount higher than €3.20 per workday must have tax deducted.”
Source: https://www.revenue.ie/en/employing-people/employee-expenses/remote-working/index.aspx
Q7: Do I have a right to disconnect from work outside normal hours?
Legal basis: Code of Practice on the Right to Disconnect (effective 1 April 2021)
According to citizensinformation.ie, the Code establishes: “A right not to have to routinely work outside normal working hours A right not to be penalised for refusing to work outside normal hours A duty to respect another person’s right to disconnect, for example by not routinely emailing or calling outside normal working hours”
Q8: Is my employer responsible for health and safety when I work from home?
Legal basis: Safety, Health and Welfare at Work Act 2005
According to the Health and Safety Authority: “The responsibility for safety and health at work rests with the employer regardless of whether an employee works remotely or at the employer’s premises.”
Source: https://www.hsa.ie/eng/topics/remote_working/
Q9: How long must my employer keep records of remote work arrangements?
Legal basis: Section 28 of the Work Life Balance and Miscellaneous Provisions Act 2023
According to the Act: “(2) A record under subsection (1) shall be retained for a period of 3 years from the date on which the remote work arrangement ends.”
For requests and decision notices: “(4) A record under subsection (3) shall be retained for a period of one year from the date of the receipt of the remote work request or the issue of the decision notice, as the case may be.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/28/enacted/en/html
Q10: What happens if my employer doesn’t keep required records?
Legal basis: Section 29 of the Work Life Balance and Miscellaneous Provisions Act 2023
According to the Act: “An employer who contravenes section 28 shall be guilty of an offence and shall be liable on summary conviction to a class C fine.”
A class C fine currently stands at €2,500.
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/29/enacted/en/html
Q11: How long does my employer have to respond to my remote work request?
Legal basis: Section 24(1) of the Work Life Balance and Miscellaneous Provisions Act 2023
According to the Act: “as soon as may be, but not later than 4 weeks after the receipt of the request”
Extension possible: “The period referred to in subsection (1) may, in circumstances to be prescribed, be extended by the employer for such further period as may be prescribed, subject to a maximum aggregate period of 12 weeks from the date of receipt of the request.”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/24/enacted/en/html
Q12: Must my remote work request be in writing?
Legal basis: Section 22(2) of the Work Life Balance and Miscellaneous Provisions Act 2023
According to the Act, a remote work request shall: “(a) be in writing”
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/22/enacted/en/html
Q13: Can I work remotely from another EU country for my Irish employer?
Legal basis: EU social security coordination regulations
For EU/EEA remote working, complex social security and tax rules apply under EU Regulations 883/2004 and 987/2009.
Guidance: Contact:
- Department of Social Protection for social insurance matters
- Revenue Commissioners for tax matters
- Department of Enterprise for employment law matters
Cross-border work requires careful consideration of:
- Social security obligations
- Tax residence
- Double taxation agreements
- Work authorization requirements
Q14: Will working from home affect my Principal Private Residence Relief for CGT?
Legal basis: Revenue guidance
According to Revenue: “Your employee might use part of their home for remote working. If they do, it will not affect their Principal Private Residence Relief claim for full exemption from CGT.”
Source: https://www.revenue.ie/en/employing-people/employee-expenses/remote-working/index.aspx
Q15: Can I claim tax relief if my employer already pays me an allowance?
Legal basis: Revenue guidance
According to Revenue calculation method: “Subtract any remote working allowance you already received from your employer”
If your employer pays €3.20 per day tax-free, but your actual costs are higher, you can claim relief on the excess.
Source: https://www.revenue.ie/en/jobs-and-pensions/eworking/calculate-allowable-remote-working-costs.aspx
Q16: Are there maximum working hours for remote workers?
Legal basis: Organisation of Working Time Act 1997, Section 15
According to the Act: “An employer shall not permit an employee to work more than an average of 48 hours per week over the reference period”
This applies to all employees, including remote workers.
Source: https://www.irishstatutebook.ie/eli/1997/act/20/section/15/enacted/en/html
Q17: What equipment can I claim tax relief on?
Legal basis: Revenue guidance
According to citizensinformation.ie: “Items you buy, such as laptops, computers, office equipment and office furniture, are not allowable costs for Remote Working Relief.”
Eligible costs are:
- Electricity
- Heating
- Broadband/internet
Q18: How do I make a complaint to the WRC about remote working?
Legal basis: Section 27 of the Work Life Balance and Miscellaneous Provisions Act 2023
According to citizensinformation.ie: “If you cannot resolve your complaint informally with your employer, you can make a formal complaint to the WRC using its online complaint form.”
Time limit: Within 6 months of contravention (extendable to 12 months for reasonable cause)
Online complaint form: https://www.workplacerelations.ie/
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/27/enacted/en/html
Q19: Does my employer need to provide me with a laptop for remote work?
Legal basis: No specific statutory requirement
Ireland’s legislation does not mandate that employers provide specific equipment for remote working.
However, according to Health and Safety Authority guidance: “Employers must provide a safe work environment and, in doing so, assess the risks and ensure appropriate controls are in place to safeguard employees at work.”
Display Screen Equipment regulations under S.I. No. 299/2007 may apply.
Source: https://www.hsa.ie/eng/topics/remote_working/
Q20: Can my employer monitor me while I work remotely?
Legal basis: Data Protection Act 2018; GDPR
Any monitoring must comply with:
- Data Protection Act 2018
- GDPR requirements
- Must be proportionate and necessary
- Employee privacy rights must be respected
Contact for guidance: Data Protection Commission Phone: +353 (0)761 104 800 Website: https://www.dataprotection.ie/
Q21: What should be in my remote work request?
Legal basis: WRC Code of Practice guidance
According to the Code, requests should include:
- Proposed remote working arrangement details
- Proposed location
- How employee can continue to perform role to required standard
- Individual specific reasons for request
- Workstation suitability information
- Data protection assurances
- Agreement to risk assessment
Source: Enterprise.gov.ie summary of WRC Code provisions
Q22: Can my employer change an approved remote work arrangement?
Legal basis: Section 24(4) of the Work Life Balance and Miscellaneous Provisions Act 2023
According to the Act: “An employer and an employee may agree to vary a remote work arrangement at any time.”
Any changes require agreement between employer and employee.
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/24/enacted/en/html
Q23: Where can I find official guidance on remote working?
Official sources:
Department of Enterprise, Tourism and Employment https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/remote-working/
Workplace Relations Commission https://www.workplacerelations.ie/ (Codes of Practice available)
Citizens Information https://www.citizensinformation.ie/en/employment/employment-rights-and-conditions/contracts-of-employment/right-to-request-remote-working/
Health and Safety Authority https://www.hsa.ie/eng/topics/remote_working/
Revenue Commissioners https://www.revenue.ie/en/jobs-and-pensions/eworking/index.aspx
Q24: What compensation can I get if my employer breaches remote work law?
Legal basis: Section 27(5) of the Work Life Balance and Miscellaneous Provisions Act 2023
According to the Act, the WRC may: “require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all the circumstances, but not exceeding 4 weeks’ remuneration”
Maximum: 4 weeks’ remuneration
Source: https://www.irishstatutebook.ie/eli/2023/act/8/section/27/enacted/en/html
Q25: Do I need my employer’s permission to claim tax relief for working from home?
Legal basis: Revenue guidance
According to previous requirements: “Employees were once required to secure a letter from their employer which outlined that they were entitled to work from home. However, this is no longer necessary, unless specifically required by Revenue.”
You must be able to prove:
- You worked from home
- You incurred the expenses
- You have receipts for expenses claimed
Source: Taxback.com guidance on Revenue requirements