A new European directive aims at making working conditions more transparent and predictable. Above all, this means that both employers and employees will have to make more arrangements in employment contracts from 1 August 2022. Employees will also get more rights. What are the key points? What does this mean for existing employment contracts?
The new directive provides employees, including internationally seconded workers, with more rights to information about their working conditions. The conditions themselves are also changing. There are stricter rules for statutory mandatory training; ancillary activities are, in principle, permitted. In this blog we will give you an overview of the changes regarding the obligation to provide information. We will discuss other changes in a separate blog.
The Dutch Civil Code, article 7:655 paragraph 1 already contains a long list with information that employers must provide to employees in writing or digitally. Normally, this will be done by including them in an employment contract. In a number of cases, regulations can be found in a collective labour agreement to which, then, reference can be made.
The new European directive extends this obligation to provide information. The most important changes can be found below. For the sake of convenience, we will indicate the relevant points from our blog about the obligation to provide information:
Furthermore, the deadlines within which employers must provide information to employees will change. Some key data must be provided within one week after the start of the work. This used to be within one month. In practice, this will eliminate the possibility to comply with the information obligation through the monthly payslip. Changes must even be reported no later than the day on which they take effect. Currently, this is within a period of one month. This does not apply to changes resulting from amended laws and regulations or changes to collective labour agreements.
For existing employment contracts, employers must provide employees with all information that the EU directive requires them to provide within one month of an employees’ request. Of course, insofar as the employer has not already done so.
If an employer seconds employees to another EU Member State, the employees must receive the following information before their departure:
Employers are not allowed to terminate or prejudice employees because they invoke the changed and new sections of law.
Do you have any questions regarding these changes? Do you want us to adapt your employment contracts and staff handbook to the new legislation? Please contact us. We will also be happy to assist you in disputes with your staff:
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