Banded Hours: Possible Irish Legislation Change & Impact
8 key new requirements for payroll professionals and employers
Continue reading to find out what Banded Hours are, the proposed bands, how to find the correct band, how to change between bands, when an Irish employer can refuse to change an employee’s band and find 8 key new requirements for payroll professionals and employers in Ireland.
What is “Banded Hours”
Banded Hours is a provision in the proposed Employment (Miscellaneous Provisions) Bill 2017. Banded Hours refers to the groups / bands of weekly working hours and legislation that the bill proposes. If this bill passes in its current state, employees in Ireland on low-hour contracts will be entitled to be placed on a band of working hours if their contract does not specify and reflect the number of working hours that they typically work each week.
The band that the employee falls under will be ascertained by averaging the weekly working hours for a period not less than 18 months. Employees in a band are essentially guaranteed the minimum number of hours in that band.
Currently, as of writing, the Employment (Miscellaneous Provisions) Bill 2017 is before DáilÉireann, in the Second Stage – view the current status of the bill here: status of Employment (Miscellaneous Provisions) Bill 2017.
What Are the Proposed Banded Hours in Ireland?
| Band / Group | From (hours) | To (hours) |
| A | 1 | 10 |
| B | 11 | 24 |
| C | 25 | 34 |
| D | 35 | Over 35 hours |
How Can Employees in Ireland Change Between Bands?
When Can An Employer in Ireland Refuse A Banded Hour Adjustment Request?
“(a) where there is no evidence to support the claim in relation to the hours worked in the reference period,
(b) where there has been significant adverse changes to the business, profession or occupation carried on by the employer during or after the reference period,
(c) in circumstances to which section 5 applies, or
(d) where the average of the hours worked by the employee during the reference period were affected by a temporary situation that no longer exists.”
(Source: oireachtas.ie)
8 Key New Requirements for Payroll Professionals and Employers in Ireland
- Determine the correct band for appropriate employees in Ireland - to do this, find their average weekly working hours for a period of 18 months or more and place them in the corresponding band (see table above)
- Ensure each employee in Ireland works at least their minimum working hours or compensate appropriately
- Determine if a banded hour request change should be approved or denied
- Place the employee, if appropriate, in the correct band within 2 months of their request
- Put a case together for the denial of a banded hour request change
- Manage band request communications and potential conflicts, including WRC inspections if necessary
- Ensure all banded hour employer obligations in Ireland are met, for more details visit the Banded Hours section in the Employment (Miscellaneous Provisions) Bill 2017
- Develop and implement banded hours contracts.
Author Bio
| Anne Reilly is the CEO of PaycheckPlus. Anne’s wealth and knowledge in payroll services and corporate governance stems back to her days lecturing with the Irish Payroll Association (IPASS) and receiving a Diploma in Company Direction from the Institute of Directors (IoD) in 2013. Anne continues to speak at prestigious events both locally and internationally, where she relishes the opportunity to share her passion for payroll, corporate governance and specialist insight to payroll professionals. Connect Anne Reilly Follow @PaycheckPlus |
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