Amendment of Flexible Work Act: request for work with more predictable and secure employment conditions

This is the final part of a series of four articles. Previously, we wrote about the ancillary activities clause, the extension of the information obligation and the study-cost clause.

A request for work with more predictable and secure employment conditions

Under current law (Article 2 paragraph 1 and paragraph 3 Flexible Work Act) an employee, who has been employed for at least 26 weeks, may submit a request for an adjustment of the working hours, working place or working time. The request that relates to working hours and working time must be granted unless there are major business or service interests that justifies a rejection. The request that relates to the working place is easier to refuse. On August 1st, 2022, these rights will be extended for employees.

More security for the employee

As of August 1st, 2022, an employee who has been employed for at least 26 weeks, may submit a request for more predictable and secure terms of employment. For example, a request for a permanent employment contract or an employment contract with a fixed scope of work. Based on this change in law, take into account:

• employees who have a temporary contract. He/she may apply for a permanent contract; and
• on-call workers/employees whose workings hours are not fixed. He/she can apply for a fixed scope of work.

The employee must do this request in writing. You are not obligated to accept this request.

No other requirements seem to be imposed on the response to the request. For example, you do not have to mention any major business or service interests to justify any rejection. For both rejection and approval, the employee may not reapply until after one year.

Respond in time to an employee request

We recommend responding to a request in writing and with reasons. The decision period depends on the number of employees in your organisation. For employers with more than 10 employees; a period of one month applies. For employers with fewer than 10 employees, the deadline is three months. If you do not respond to the request or do not respond in time, the employee’s request will be deemed accepted. As a result, the employee may gain more rights, perhaps undesired.

Do you already work with a staff regulation? A personnel guide is the ideal place for information about the procedure of such a request (for example the method of submission, to whom the request should be submitted, the procedure and decision period).

Do you need help? Feel free to contact one of our employment lawyers!