Code of Practice on the Right to Disconnect

aka Right to Disconnect, RTD, WRC Code of Practice on Right to Disconnect

WRC Code of Practice giving Irish employees the right to disengage from work outside normal hours, in force since 1 April 2021. Admissible in WRC and Labour Court proceedings.

Last reviewed May 2026

Definition

The Code of Practice on the Right to Disconnect was issued by the Workplace Relations Commission under section 42 of the Industrial Relations Act 1990 and came into operation on 1 April 2021. It establishes three rights for employees: the right not to routinely have to perform work outside normal working hours, the right not to be penalised for refusing to attend to work matters outside those hours, and a duty to respect another person's right to disconnect by not routinely emailing or calling outside normal working hours. The Code is not standalone primary legislation, but failure to follow it can be relied on by either side in proceedings under the Organisation of Working Time Act 1997, the Safety, Health and Welfare at Work Act 2005, and other employment statutes. Employers are expected to develop a written Right to Disconnect policy after consultation with employees, addressing how out-of-hours contact is handled, how on-call arrangements are scoped, and how working hours are recorded for remote and hybrid workers. The policy should integrate with the employer's duties to record hours under the Organisation of Working Time Act, and with health and safety risk assessments for remote work.

Why it matters for software choice

The Code is enforced indirectly through OWT working-time records and stress-related health and safety claims. HR and time-tracking software that automatically records work activity timestamps, flags out-of-hours patterns, and keeps the employee-acknowledged Right to Disconnect policy on file gives employers an evidentiary defence. Email-only enforcement does not.

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