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WFH is dead and buried. Right to WFH bill is pointless

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  • Registered Users, Registered Users 2 Posts: 15,939 ✭✭✭✭Goldengirl


    How very enlightened of you to disregard those particular examples as" blah blah blah "!

    They are exactly the issues many workers have and reasons that wfh is a positive.

    Javier was only offered an alternative role when he had the temerity to appeal the refusal first given by Cognizant and it sounds like that role was loaded ..

    " In his evidence at the WRC hearing, Javier said that he was reluctant to move off the project on which he was working in case his employment was terminated when another project finished."

    Also an issue within this particular company seems to be the case ..

    "Javier’s request was refused along with those of 72 other Irish employees out of Cognizant’s Irish workforce of 380 people."

    A lot more trips to WRC in the pipeline over this I reckon and good luck to them all .

    Post edited by Goldengirl on


  • Registered Users, Registered Users 2 Posts: 6,401 ✭✭✭alias no.9


    I'm not sure what you're struggling with here, he was refused WFH on an assignment that required him to be present on the client site and offered an alternative assignment which could facilitate WFH.

    The SOW between the company and the client will be very specific about the deliverables, including working from the client premises, it's not going to be renegotiated to facilitate a WFH request. The rest of your argument is irrelevant in that context.



  • Registered Users, Registered Users 2 Posts: 215 ✭✭LastApacheInjun


    There's probably a good bit more to the facts in Javier's case. It might be exactly what it was set out in the Tribunal. Or perhaps there were other things going on? Maybe the client had allowed certain workers to WFH in the past, despite the contractual stipulation that all Cognizant contractors work in their office, and maybe now that there was a glut of workers looking to WFH, they decided to shut that down? Maybe this offer of an alternative project was just a sham - why was he only offered it after he appealed? Maybe he knew that it was a project packed with contract workers who all knew there were out of a job in the short term, and Cognizant only offered it to him to look like they had offered an alternative, but knew that he would turn it down? Or if he did opt for the alternative project they could just lay him off in six months, getting rid of a troublesome employee. A win/win for Cognizant management.

    I know this is a lot of ifs and maybes, but there's usually way more to these things then what is reported in the press. And if 25% of Cognizant staff are requesting the right to WFH there must be something going on in there.

    If anyone is making one of those requests, they'd be much better focusing on requesting a hybrid arrangement of one or two days in the office rather than a full time WFH, and focusing on the nature of the job and how it can be better completed at home rather than in the office, rather than requesting it so that you can have a better work/life balance. It's much more difficult for a company to refuse a hybrid arrangement, as it takes away all their arguments that the job requires in-office collaboration. If it's like most kinds of office jobs (not like Javiers where he had to work at a client's office) its likely that 95% of it can be done from home. Do a year or two with the hybrid arrangement, and then submit another request for coming in once a month. Make sure you email your boss every Monday/Friday with what was done during the week and what is coming up. You could keep a record of what "collaboration" was done in the office the one day you were coming in, and prove that you don't have to be there that regularly. For instance - you might have to come in every Tuesday, because that's when your team manager comes in, but actually your job is mostly liaising with other departments/external firms, so you spend your day on teams calls anyway. That's where an appeal and a Tribunal hearing would be much more sympathetic.



  • Registered Users, Registered Users 2 Posts: 7,541 ✭✭✭Former Former Former


    This thread is all over the map because;

    1. WFH is not dead and buried, hundreds of thousands of people are still doing it.
    2. The Right to WFH bill isn't pointless. It requires employers to have a process for reviewing WFH requests, and in this case the employer did exactly that. It was never intended to guarantee every employee the right to WFH but some people seem to have misunderstood that.
    3. The specifics of the Cognizant case aren't really applicable to most workers. Very few of us are sub-contracted by our employer out to their client with a whole other set of contractual requirements dictating what can and cannot be done, so as a general precedent, Javier's case is not much use to anyone.


  • Registered Users, Registered Users 2 Posts: 14,376 ✭✭✭✭Flinty997


    Some very entitled thinking going on, and not a lot of common sense listening.



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  • Registered Users, Registered Users 2 Posts: 15,939 ✭✭✭✭Goldengirl


    Not struggling .

    Discussing the wfh aspect and not just Javier as per thread title .

    Read the title



  • Registered Users, Registered Users 2 Posts: 15,939 ✭✭✭✭Goldengirl


    On the contrary.. a lot of common sense on both sides .

    However there is a sense for me that not only are some here speaking from an IBEC or corporate business HR pov , but a little bit of sour grapes eg saying people requesting better working conditions or hybrid working are " entitled " .

    That's archaic thinking , not common sense .



  • Registered Users, Registered Users 2 Posts: 15,939 ✭✭✭✭Goldengirl


    @LastApacheInjun exactly .



  • Registered Users, Registered Users 2 Posts: 14,376 ✭✭✭✭Flinty997


    Takes a moment to look it up. They are an International company. Like many companies they have a RTO policy in place theirs has a bit of compromise in that it's hybrid. You can see this in their current vacancies..

    There's always going to be some push back. But that's not what's going on here. It's an employee who doesn't want any days in the office on site or in the office. But that's the sole reason they were hired. They were never fully remote.

    It's not because the company has changed anything. it's because the employee situation has changed and can no longer fulfill the contract.



  • Registered Users, Registered Users 2 Posts: 14,376 ✭✭✭✭Flinty997


    Just because someone disagrees with you doesn't make it a conspiracy by some shadow world HR master organisation.

    This is like someone like a plumber requesting to work from home. But not 9-5 but from 10pm to 6am. Regardless that the customers are all asleep at that time .

    And you think that's reasonable.



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  • Registered Users, Registered Users 2 Posts: 559 ✭✭✭SodiumCooled


    The state already mandates a long list of rules onto companies why would this be any different? Look at the US if you want to see how companies would treat employees if they could - you could argue many of the existing employment laws are more onerous than a law mandating at least some wfh be allowed where suitable. Not suitable being really not suitable not made up wishy washy reasons that many employers are using).



  • Registered Users, Registered Users 2 Posts: 11,742 ✭✭✭✭LambshankRedemption


    That is the most straw man argument I have ever heard, and no-one on this thread is suggesting anything like that.



  • Registered Users, Registered Users 2 Posts: 14,376 ✭✭✭✭Flinty997


    That's not a straw man but an analogy.

    The contract specified location and time. He wanted to do neither.



  • Registered Users, Registered Users 2 Posts: 6,032 ✭✭✭daheff


    Nobody has asked if the client could have eased this requirement....just taking it at face value that 100% onsite was required because the contract with the 3rd party said so. That contract could have been signed preCovid times. They most likely didn't require people onsite during COVID. Hence why Javier (and 25% of his colleagues )may have felt WFH/Hybrid may have been feasible.



  • Registered Users, Registered Users 2 Posts: 14,376 ✭✭✭✭Flinty997


    I've had contacts where when though it can be done remotely. For data protection or other technical reasons it had to be onsite. Same with shift work or working globally often you had to synch with other parts of the world.

    You often can't simply renegotiate these things.

    You can't work remotely simply because you want to. That not a mature mindset. You've also got nothing on law saying you are entitled to it. Nothing. It's at the discretion of the employer. That's the reality.

    Same with the hours you work. Who gets to dictate their own hours to the employer. No one. It's a contract.



  • Moderators, Business & Finance Moderators Posts: 10,830 Mod ✭✭✭✭Jim2007


    That would be because it does not work like that in the outsourcing market! The margins are extremely tight, the competition is intense and a lot of companies are being restructured at present. And the reason Cognizant et al exist is because the client wants to cut costs and does not want to have to deal with HR issues.

    These companies bring little or no added value to the table. Yes you need one of them, but it does not really matter which one you go with…. For example I know Cognizant is being reevaluated by one of the major banking groups, all three have been told the same thing - who every best meets their current contract over the next 12 months will be renewed, the other two will be booted.

    This is not the industry to grow old in and it certainly is not the place to think you can dictate WFH terms.



  • Moderators, Social & Fun Moderators, Regional East Moderators, Regional North West Moderators Posts: 12,785 Mod ✭✭✭✭miamee


    The guy was entitled to ask if he could wfh, he is legally entitled to do so without any negative repercussions from his employer. He is also entitled to appeal the decision given that the framework exists for his to do exactly this. Your post suggests that he was out of his mind to ask, he was not. Everything is open to negotiation given the right circumstances. It didn't work out the way he wanted but he did all he could within the parameters of the processes in place.



  • Moderators, Sports Moderators Posts: 26,005 Mod ✭✭✭✭CramCycle


    Foolish might be a better word then, rather than out of his mind. Even a cursory review of the situation should have told him not to mention it was for child minding duties (even though the childminding itself would have been non existent in most scenarios considering the childs age). Most of us would have talked to those around us in the actual workplace, and is the client didn't care, then say it to your employer. It still is unlikely to have done anything, purely based on the nature of their product. Cognizant would be aware that these informal arrangements, while useful in the real world, can also be a stick to beat their backs with in contract negotiations or if a client wants to get out of a contract, using a breach of contract as a reason.

    Everything is open to negotiation in the right circumstances, this was not that circumstance though, and one would have thought that would become abundantly clear early on. You are right though, perfectly entitled to shoot his shot, without repercussion from his employer (which there hasn't been) but his name is now in the paper for the next employer, which is where the repercussion will come in to play.



  • Registered Users, Registered Users 2 Posts: 7,541 ✭✭✭Former Former Former


    Your post suggests that he was out of his mind to ask, he was not

    He was extremely unwise to bring it to the WRC and thus bringing his name and details into the public domain.

    Now any future employer who does a cursory Google search on him will have all the info.



  • Registered Users, Registered Users 2 Posts: 3,223 ✭✭✭Tazz T


    The WFH bill is far from dead and buried. It's an acceptance from the gov that there is a place for this in society. Companies who don't embrace the spirit of WFM, on the other hand…

    Who would you work for?



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  • Registered Users, Registered Users 2 Posts: 9,434 ✭✭✭Oscar_Madison
    #MEGA MAKE EUROPE GREAT AGAIN


    Cases like this give WFH a bad name - talk about choosing the nuclear option - the dogs in the street knew the legislation NEVER gave you an entitlement to WFH.

    I don’t think this was the cleverest of career moves.



  • Registered Users, Registered Users 2 Posts: 30,852 ✭✭✭✭blanch152


    Pay rates will change over time to reflect this. Companies will offer in-office premia to attract people to the office. Jobs that require office attendance will become higher paid than those for remote working.



  • Registered Users, Registered Users 2 Posts: 14,376 ✭✭✭✭Flinty997


    My post does not suggest that he was unreasonable to ask for an accommodation.

    He was offered at least one accomodation and refused it. There was no compromise on his part. He wanted it all on his terms. That is what is unreasonable. Never made sense either.

    Then he tried to use the legislation to force the issue when the legislation has no power to do that. That's either deluded or very poorly informed. You'd have to have done zero homework and living under a rock to be that misinformed.

    If the argument is he did it to raise the issue, that's very weak considering it's been been well publicised in the media, unions etc.



  • Registered Users, Registered Users 2 Posts: 14,376 ✭✭✭✭Flinty997


    They tried lower pay and it failed as tactic. Because its invaluable to people so everyone asked for it. Or they moved to another company (a competitor even with better terms and conditions), especially the more valuable people.

    After that failed they switched to blanket RTO mandates. This company wasn't the worse, they went hybrid. Maybe a full-time RTO will be their next move.



  • Registered Users, Registered Users 2 Posts: 30,852 ✭✭✭✭blanch152


    I am not suggesting lower pay, companies that want people in the office will introduce allowances for the extra expenses of being in an office to create an incentive. It will work on many and those that don't will be left behind career wise.



  • Registered Users, Registered Users 2 Posts: 15,939 ✭✭✭✭Goldengirl


    Nothing like it I agree . And nothing like what I or others have been talking about .

    If you feel the need to reply again in such a manner can I ask you to resist it please ?



  • Registered Users, Registered Users 2 Posts: 15,939 ✭✭✭✭Goldengirl


    You are presuming that this guy did not already do that ie talk to others in the workplace and his employer to see if there was a work around ?

    Granted he was ill-advised mentioning child minding arrangements but many companies do take on board the realities of everyday life for their employees and still thrive. To be resolutely against such discussion smacks of gender inequality .

    Anyway the take away for me in the whole mess is Cognizant is definitely not a company for anybody to work more than a short pit stop .

    With 1 in 5 employees there roughly ( 5.2 if looking to be exact ) wanting to have wfh or some sort of hybrid working and probably more that would have requested if Javier's case had been successful , the company had doubled down on refusing to accommodate a significant number of employees . That is if course assuming their requests would be refused ?

    Where that leaves them as a company in competing for the best employees one can only think they have done themselves no favours .



  • Moderators, Sports Moderators Posts: 26,005 Mod ✭✭✭✭CramCycle


    I can only go on what the article says, if he had done that, that means they either refused or the options were not suitable. Either way, if it were me, just personally, I would have looked at the chances of this getting through the WRC before opting to go through that route. In reality, the article, unequivocally states that "the client (not Congnizant) has stipulated that employees working on its project must attend work in person in the office they have provided and fitted out".

    Again, they offered him alternatives where it was an option but he claimed they were only short projects, and he gives the impression it was a way of managing him out (no proof of either). This may or may not be true but in theory, so could his current role if they are contracting out to someone. They have it in writing that some projects were suitable for this, implying multiple available, and also implying these were not filled as of yet.

    I presume Javier is competent, or else they would not have offered him alternatives as this too would have been an admission they thought he was capable.

    I never said they were resolutely against it, they didn't mention it in the article I read, they may or may not be, but it would be foolish for any employee to have that down as an official reason. It might be something to mention in informal chats but this is now published in the media. You are probably right, it may not be their culture, but the article makes it sound more like it was the clients culture and that was not negotiable.

    My boss will work from home when schools are off. Kids are present but look after themselves, the closest it comes to child minding is that there is a presence in the house. It would be the same for Javier, and while my boss will say that to me, they won't put that in writing to HR, they just say they are at home for the day.

    I work from home on occasion, it is not a deal breaker for me if they said no, I am not against it, I am just saying that in this scenario, I don't believe the company done anything wrong, neither did Javier but I personally would have handled it differently, nothing more, nothing less. Should the company have handled it differently, not sure as the only thing in the article is Javiers opinion that the results were his opinion they were not serious or committed to resolving the case. Who knows, we only have the article.

    The article says 72 were refused, was that everyone who applied? Would I work for Cognizant, nope, but for a load of other reasons, I don't think either side comes off well in the article, I wouldn't work for one and I wouldn't employee the other without more information either way.



  • Registered Users, Registered Users 2 Posts: 14,376 ✭✭✭✭Flinty997


    Didn't take long.…claiming discrimination for being asked to do your job/contract.



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  • Registered Users, Registered Users 2 Posts: 1,437 ✭✭✭thereiver


    wfh saves company's money on rent esb power if someone does their job properly from home it's a good thing most office work is done on computers using email and wordprocressors I think company's should not be forced to have everyone work from home



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