Work Life Balance and Miscellaneous Provisions Act 2023
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Code of practice | ||
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31. (1) The Minister may, following consultation with the Minister for Children, Equality, Disability, Integration and Youth, give a direction to the Commission requiring the Commission to prepare and submit to him or her a code of practice for the purpose of practical guidance to employers, employees and any other persons as to the steps that may be taken for complying with one or more provisions of Part IIA of the Act of 1998 or Part 3 . | ||
(2) The Commission shall comply with a direction under subsection (1) and shall prepare and submit to the Minister a draft code of practice. | ||
(3) Before submitting a draft code of practice to the Minister under subsection (2), the Commission shall request any person that it considers appropriate, including trade unions and employer representative bodies and the Irish Human Rights and Equality Commission, to make representations to it in relation to the draft code of practice, and the Commission shall consider any such representations made. | ||
(4) The Minister may, at the request of the Commission or of his or her own volition, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, the Commission and the Irish Human Rights and Equality Commission, give a direction to the Commission to revise the draft code of practice submitted to him or her under subsection (2) in such manner as is specified in the direction, and the Commission shall comply with the direction and resubmit to the Minister a revised code of practice. | ||
(5) The Minister may, following consultation with the Minister for Children, Equality, Disability, Integration and Youth, by order, declare a draft code of practice submitted or resubmitted to him or her in accordance with this section to be an approved code of practice for the purposes of Part 3 or Part IIA of the Act of 1998, and the text of the approved code of practice shall be set out in the order. | ||
(6) The Commission shall publish the approved code of practice on its website. | ||
(7) The Minister may, by order, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, the Commission and the Irish Human Rights and Equality Commission, revoke or amend an approved code of practice. | ||
(8) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. | ||
(9) A code of practice standing approved under this section shall be admissible in evidence in proceedings before a court, the Labour Court or an adjudication officer appointed under section 40 of the Workplace Relations Act 2015 . |