The new law implementing the EU directive on transparent and predictable working conditions

The new law implementing the EU directive on transparent and predictable working conditions (Wet transparante en voorspelbare arbeidsvoorwaarden) came into effect on 1 August 2022. The law introduces additional obligations for the employer and more protection for the employee, in particular with regard to more clarity in the terms of employment.

The 4 most important changes are related to:

1. Employer’s obligation to provide information
2. Secondary activities
3. Compulsory education and costs
4. Unpredictable working hours

1. Employer’s obligation to provide information

The employer is obliged to provide the employee with additional information regarding the following points:

• Notice period, participation in pension scheme and number of vacation days.
• Provide no later than one month after commencement of employment.
• Necessary to include in employment contract, written statement or employee handbook.
• Provide information about the right of dismissal and the notice period.

If the employer does not comply with the information obligation, the employee can hold the employer liable. It is therefore advisable to check the employment contracts and any applicable regulations for the above points.

2. Secondary activities

From 1 August 2022, a ban on secondary activities is no longer allowed, unless there is an objective justification for this, such as:

1. Health and Safety
2. Protection of confidential (company) information

A ban on secondary activities is also no longer permitted if this was previously agreed. That ban is no longer valid after August 1, 2022!

3. Compulsory education and costs

The employer is obliged from 1 August 2022 to bear the costs for training on the basis of the law or collective labour agreement.

1. This concerns costs for training that the employee is obliged to follow in order to perform his job.
2. The employer may no longer recover these costs from the employee.
3. Training is allowed during working hours.
4. From 1 August 2022, a study costs clause that is contrary against the law is no longer valid.
5. These changes also apply if the law or the collective labour agreement of your sector declares the training mandatory.

4. Unpredictable working hours (predictable working conditions)

From 1 August 2022, the employee can in addition request more predictable employment conditions once a year.

For example, a permanent contract or a fixed working time per week.

• The employee must be employed for at least 26 weeks.
• 10 or more employees? In that case, the employer must respond to the request within one month.
• Fewer than 10 employees? The employer then has three months to respond. • If the employer does not respond in time, the employer tacitly agrees to the employee’s request and the form of work is adjusted!