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EU Directive Implementation Act

2 August 2022 -

Transparent and Predictable Employment Conditions Act

From August 1, , the Act on the Implementation of the EU Directive on transparent and predictable employment conditions has entered into force. The EU directive aims to provide more transparent and predictable working conditions and more work-life balance. In this article we describe the most important changes.

 

Mandatory training free of charge

Training that is mandatory under the collective labor agreement or the law must be offered free of charge and – if possible – take place as much as possible during working hours. Finally, the new law means that for compulsory training it is no longer possible to agree a study costs clause with an employee.

Ancillary activity clause

A secondary activity clause, which prohibits the employee from having other work in addition to his job, will no longer be allowed from 1 August 2022, unless there is an objective justification. Een Objective justification can be, for example, that the Working Hours Act has been exceeded. The clause itself does not have to include objective justification. This can also be given afterwards. Een Objective justification can be, for example, that the Working Hours Act has been exceeded.

Extension of the legal obligation to provide information

The employer's obligation to provide information was already included in Article 7:655 of the Dutch Civil Code, but this has been extended as of 1 August 2022. As a result of this adjustment, the employer will have to provide additional information to the employee in the employment contract. For example, from now on, the employer must also provide the employee with information about the workplace, working hours, leave arrangements, probationary periods, individual wage components such as bonuses or allowances, the right to training and procedural aspects in the event of termination of employment.

More secure and predictable working conditions

Employees whose work pattern is wholly or largely unpredictable will receive more protection with this law. For example, employees can only be obliged to come to work on the reference days and hours specified in advance in the employment contract. For example, an employee can only be called up from Monday to Friday between 09:00 and 17:00.