From 1 August onwards, employers will have to comply with an important new act: the Act implementing the EU Directive on transparent and predictable working conditions. In this article, we have summarised the most important items that employers must adress before 1 August next.
In a recent edition of Quoted we highlighted the most important changes from 1 August onwards. We also included some practical recommendations. Below, we have summarised the most important items that employers must address before 1 August 2022:
- The expansion of the employer’s existing obligations to inform employees
Employers will have to provide employees with more information (for example: about the procedural rules in the event of dismissal). In most cases, the additional information can be included in the employment agreement or the staff handbook (if applicable). Non-compliance with the information obligation may result in liability for the resulting damages incurred by employees.
- Stricter rules for employers with regard to mandatory training
As of 1 August 2022, a study cost clause on the basis of which the costs for mandatory training are payable by the employee (directly or via set-off) shall be void. For this reason, going forward, it will be important to ascertain what type of training will (and will not) fall under the scope of mandatory training.
- Restriction on ban of ancillary activities
As of 1 August 2022, any clause that bans (or otherwise restricts) an employee from performing ancillary activities outside regular working hours is void unless the ban can be justified on the basis of an objective reason.
For employers the new act will result in an additional administrative burden. For example, the expansion of the employer’s information obligation will require amendments to template employment agreements and – if applicable – staff handbooks.
