Authorized Replace: Implementation Deadline for the European Directive on Working Situations is Imminent: Put together for New Info Obligations | Seyfarth Shaw LLP

The deadline for EU Member States to amend their native legal guidelines so as to adjust to EU Directive 2019/1152 on clear and predictable working circumstances is August 1, 2022. Here is what employers with employees in Europe have to know.

What does the Directive say?

The acknowledged objective of the Directive is to “enhance working circumstances by selling extra clear and predictable employment whereas guaranteeing labor market adaptability.” It seeks to realize this by extending employers’ obligations to offer details about varied points of the employment relationship.

The Directive comprises a listing of data that workers will likely be entitled to obtain earlier than or firstly of their employment to pay attention to the relevant working circumstances and rights, equivalent to:

  • rights to paid go away;
  • coaching entitlements;
  • remuneration, together with primary and different element parts, with particulars of frequency and fee strategies;
  • the process for termination of employment, together with formal necessities and spot intervals.

The data needs to be supplied to the worker individually, within the type of a number of paperwork. A few of it needs to be equipped throughout the first week of employment; the remaining should be supplied inside one month of the primary working day. The identical info should be additionally given to current workers, in the event that they request it. The data may be supplied by means of reference to related laws and collective agreements.

Extra info obligations apply if an worker is seconded to a different nation for a interval of not less than 4 consecutive weeks.

On an ongoing foundation, the Directive additionally requires that when there’s a change to any side of the employment relationship that’s inside the scope of the checklist of data talked about above, workers should be knowledgeable in writing earlier than the change takes impact.

Observe: in addition to the brand new info obligations mentioned on this alert, the Directive additionally comprises substantive provisions on sure minimal necessities for working circumstances (equivalent to trial intervals: these will usually be restricted to 6 months), “parallel employment” (corporations is not going to be allowed to limit employees from endeavor different employment exterior their working hours, until a particular justification applies), predictability of labor patterns, and requests for transition to a different type of employment (employees who ask for extra predictable and safe working circumstances will likely be entitled to a written reasoned reply).

Do employers in Europe have to take motion?

Some nations, equivalent to Germany, have already adopted implementing legal guidelines that considerably amend the prevailing guidelines and in sure instances introduce stricter necessities than these imposed by the Directive (eg, there may be an obligation for German employers to offer employees with the necessary info in a doc signed by the employer in “moist ink,” despite the fact that the Directive says that the knowledge ought to be supplied “on paper or, supplied that the knowledge is accessible to the employee, that it may be saved and printed, and that the employer retains proof of transmission or receipt, in digital type”).

In different nations, equivalent to France and Italy, the implementing laws continues to be beneath dialogue, however primarily based upon the draft payments printed thus far, it’s anticipated that the adjustments to current guidelines will likely be minor. It is because these States’ native legal guidelines already adjust to most of the Directive’s necessities (eg, Italian employers are already obliged to tell workers in writing of the size of the probationary interval earlier than the start of the employment).

With the implementation deadline looming, employers in Europe are suggested to overview their employment contract templates so as to guarantee compliance for brand new hires, and to think about adopting a separate info discover (in order that the required info may be delivered and up to date with out it turning into contractualized) .