Advice on the Transparent and Predictable Employment Conditions Directive

The European Directive on Transparent and Predictable Working Conditions has amended employment law on key points. Among other things, employers must comply with a broader duty to provide information, may not simply prohibit secondary employment, and must offer mandatory training free of charge. Have your employment contracts reviewed in accordance with these requirements.

Broader duty to provide information

You must inform employees more comprehensively and in a timely manner about their terms of employment, such as the place of work, the duration and conditions of a probationary period, the training policy, and dismissal procedures. Many existing employment contracts and employee handbooks do not yet fully comply with this.

Do not simply prohibit secondary activities

A ban on secondary employment (another job on the side) is no longer permitted without further ado. You can only enforce such a clause if you have an objective justification for doing so, for example health and safety or the prevention of conflicts of interest. A general ban without grounds will not stand up in court.

Mandatory training free of charge

Training that you are required to offer by law or pursuant to the collective labor agreement must be free of charge for the employee and, in principle, counts as working time. A study cost clause that reclaims such mandatory training is not permitted. However, a study cost clause is still permissible for non-mandatory training.

Predictable work pattern

Additional rules apply to employees with an unpredictable work pattern, such as reference days and hours on which they can be scheduled, and the right to request more predictable employment conditions. Take this into account for on-call and flexible contracts.

Frequently Asked Questions

Am I allowed to prohibit my employee from engaging in secondary employment?

Only with an objective justification, such as safety or the prevention of conflicts of interest. A general ban without grounds does not stand.

Do I have to offer training free of charge?

Training required by law or the collective labor agreement is: free of charge and, in principle, during working hours. A study cost clause may not reclaim these costs.

What should I do now?

Have your employment contracts and employee handbook reviewed and, where necessary, updated to comply with the new rules.

Have your employment contracts reviewed?

Our legal experts review and update your employment contract and employee handbook. View our employment lawteam or schedule a free consultation.