Focus on the Directive on transparent and predictable working conditions in the European Union

Focus on the Directive on transparent and predictable working conditions in the European Union

Published in the Official Journal of the European Union on 11 July 2019, the provisions of Directive 2019/1152 "on transparent and predictable working conditions in the European Union" entered into force on August 1^st, 2022.

This directive replaces the directive of 14 October 1991 "on the employer's obligation to inform the employee of the conditions applicable to the contract or employment relationship".

Like the previous one, the provisions of this new directive aim at ensuring that workers have information on their working conditions before they take up their position. Since August 1^st, 2022, the information to be provided to the applicant at the time of recruitment has been extended (1) and the communication procedures specified (2).

1. Expansion of the information to be given to the employee on hiring

The 1991 Directive provided for the communication of essential elements of the employment relationship such as the identity of the parties, the place of work, the job title, grade, quality or category of employment, the hiring date, the duration of paid leave, the length of notice period, the remuneration and the mention of applicable collective bargaining agreements.

The new Directive adds additional items of information to this list, some of which are also included in the list.

This now also includes information in the following areas (Article 4):

• Working hours;

The information to be provided differs depending on whether the working time is predictable or not. If the working time is predictable, this will be the normal daily or weekly working time, but also the arrangements for overtime and its payment. If the duration of the work is unpredictable, this will include information on the reference hours and days during which the worker may be called upon to work; the minimum notice period to which the worker is entitled before the start of a task; the time limit for cancelling the task, etc.;

• In case of temporary work, the identity of the client companies, where known and as soon as it is known;
• The trial period (duration and conditions);
• The right to training granted by the employer;
• The full procedure of termination of employment contract. On this point, the Directive specifies that this information includes the formal requirements and the periods of notice, or, if the length of the periods of notice cannot be indicated at the time the information is given, the way in which these periods of notice are determined.
• The identity of social security bodies collecting social security contributions and social protection provided by the employer (including coverage by supplementary schemes).

2. New modalities related to the communication of these information

The Directive specifies that the support of transmission of this information is on paper. If the employer can communicate this information in electronic form, it is only on the condition that (i) the employee can access it, (ii) the information can be recorded and printed. In this case, too, the employer should keep a record of the transmission and receipt (Article 3).

It should be noted that, under French law, most of this information is already mentioned in certain documents such as the employment contract or the pay slip.

The Directive also specifies the time limit for transmission depending on the information provided (Article 5):

• at the latest within seven calendar days from the first day of work for the following information: identity of the parties, place of work, title, grade, quality or category of employment, date of hiring, remuneration, duration of work, temporary employment contract, trial period;
• at the latest within one month from the first effective day of work for other information.

In addition, any change in any of the information provided to the worker must also be communicated to him/her as soon as possible and at the latest on the date on which it takes effect.

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The Directive provided for a period of three years for Member States to take the necessary measures to comply with its provisions. As French legislation is essentially in line with the Directive, no transposition law has been passed.