The newly adopted Directive (EU) 2019/1152 aims at improving working conditions by promoting more transparent and predictable employment while ensuring labour market adaptability. The requirements of the Directive must be transposed into our national legislation by August 2022.
Among some of the additional minimum rights of employees provided by the Directive includes:
- The right to free training, where required by European Union law or national law;
- The right to request a form of employment with more predictable and secure working conditions, where available, and to receive a reasoned written reply, if the employee has worked for at least six months with the same employer;
- The right to information concerning the length of the standard working day or week and all the arrangements for overtime and remuneration for it and, where applicable, any arrangements for changes in shifts – if the work is wholly or mostly predictable;
- The right to information concerning on the principle that the work schedule is variable, the number of guaranteed paid hours and fees for in addition to the guaranteed hours of work, as well as the reference hours and days on which the employee may be required to work – if the work mode is wholly or mainly unpredictable;
- The right to refuse a work assignment without adverse consequences, if the requirements for a minimum level of job predictability are not met.
Among some of the rules relating to mandatory information that employees should receive from employers on the main elements of the work are:
- Information on the parties, place and nature of work, amount of paid leave, remuneration, working conditions of the work, etc.;
- Full information on guaranteed paid hours, reference hours and days, as well as the minimum notice period prior to the start of a work assignment;
- Notification of changes concerning the employee, as soon as possible.
Thе information to the employees shall be notify written (paper or electronic), within the first working day and ending no later than the seventh calendar day, or within a month, depending on the information provided. Regarding the existing employment contracts, employers will only be required to provide the above information upon request of the employee.
Another important aspect of the newly adopted Directive is the guaranteed opportunity for parallel employment. The right of the employer, with an explicit clause in the employment contract, to prohibit the employee from engaging in other employers’ work outside the work schedule established by the first employer shall be revoked.
Do not hesitate to contact us for clarification, when the new points are introduced in our labor law.