Current status of the implementation of EU Directive 2019/1152 by member states

Not known

So far there is no draft legislation on this directive. Note that Austrian employment law already meets many of the legal requirements of the directive, but changes, especially regarding procedural rules, are still required.

• The legislative process is not yet finished.
• On 7 July 2022, the government introduced a draft law into parliament transposing Directive (EU) 2019/1152.

The Council of Ministers deposited a draft transposition law to parliament on 2 June 2022. The expected changes involve, among others, an obligation for the employer to notify employees about any amendments to their employment relationship by the date of entry into force of the amendments at the latest (currently, information has to be provided within one month from entry into force of the amendments at the latest); and a shorter probation period for fixed-term employment contracts with a duration of up to one year; etc. The legislative process is not yet finished.

• The Directive is not formally implemented in Croatia yet.
• Croatian legislation already includes many provisions that the Directive prescribes.
• Croatian Labour Law is currently in the process of being amended. It is expected that this amendment will formally implement the subject Directive.

Although not official, the Croatian Labour Law amendment should come into force sometime at the end of 2022.

• Legislative process is at its early stage
• Completion time cannot be estimated

The Directive has not yet been transposed into legislation. A draft transposition law was adopted by the Council of Ministers on 6 May 2022, but the procedure is still ongoing. According to our research, the transposition of this Directive will include minor modifications of French legislation (particularly regarding the duration of the trial period) since it is already compliant on most points.

• The legislative process is not yet finished, but is expected in the next few weeks.
• The German Federal Council (Bundesrat) has approved the draft bill passed by the German Federal Parliament (Bundestag) on 23 June 2022. The law will enter into force within the next few weeks when it is formally promulgated in the Federal Law Gazette (Bundesgesetzblatt).

No Hungarian draft legislation has been published to date on the implementation of the Directive. However, the law currently in force, Act 1 of 2012 on the Labour Code, should be amended to conform with the Directive.  However, major changes are not expected to the legislation since the Labour Code already regulates most of the provisions of the Directive. The implementation status must be checked again at a later date: shortly before 1 August 2022.

On 22 June 2022, the Italian Council of Ministers approved the draft legislative decree transposing Directive. The draft decree changes and supplements both the text of Legislative Decree No. 152 of 26 May 1997, on the 'Implementation of Directive 91/533/EEC on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship', and other legal provisions, with a view to bring harmonisation and consistency to the new legislation. The application of the Directive in Italian law can be summarised as follows:

• New minimum protections have been included to ensure that all workers, including those who have non-standard contracts (i.e. continuous collaborative relationships organised by the company through platforms, occasional performance contract, coordinated and continuous collaboration contract, etc.) benefit from greater predictability and clarity regarding the transparency of information on the employment relationship and working conditions.
• There is an extension of the subjective scope of application of the rules on information obligations incumbent on the employer, which is also extended to workers employed under non-standard types of contracts.

The Dutch Act on Transparent and Predictable Employment Conditions is effective as of August 1, 2022. The most important changes involve the following:

1. Ancillary activities clause 
2. Study costs clause 
3. Unpredictable work pattern
4. Predictable employment conditions
5. Information obligation

For more detailed description of these 5 most important changes according to the Act on transparent and predictable employment conditions, check out this link.

Poland has not implemented the Directive yet.  The government proposed a draft law implementing the Directive into Polish law and consulted with social partners about the draft. Implementation of the Directive requires changes to the Polish Labour Code. The government plans for the draft legislation to come into force on 1 August 2022, but may not adhere to this deadline. 

The Directive has not yet been transposed into Portuguese legislation.

Nevertheless, Portugal's parliament approved the law that operates the Directive's general transposition on 8 July 2022. Thus, the legislative process is expected to be completed by 1 August 2022.

No major changes to Portuguese labour law are envisaged since most of the existing regulations are in line with the provisions of the Directive.

• The legislative process is not yet finished.
• The current draft legislation may be subject to amendments during the legislative process.

• The legislative process is not yet finished after having been postponed several times. The next discussion on the draft is planned for 12 September 2022.
• The law is scheduled to go into effect on 1 October 2022.

The CMS RRH Bratislava office previously held a webinar on the draft, which was well attended and underscores that Slovakian business leaders are preparing for the Directive's transposition.

The Directive has not yet been transposed into Slovenian legislation. However, major changes to the legislation are not expected since Slovenia's Employment Relationship Act regulates most of the provisions of the Directive.