Employment Law

Employers please take note! New Law on transparent and predictable working conditions

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As of August 1, 2022, the Transparent and Predictable Terms of Employment Act will come directly into effect. This Act will affect your employment policy and related legal documents. Below we list the most important changes for you. In the coming week, we will discuss each change in more detail in a series of four articles.
Contents

The ancillary activities clause

An (existing) ancillary activities clause will be invalid, unless there is an objective justification (Article 7:673a of the Civil Code). For example, if health and safety are at risk, the protection of confidentiality business information, the integrity of public services or avoiding conflicts of interest.

Extension of the information obligation

The already existing information obligation (for new hires) will be extended. Employers must also inform employees about matters such as leave arrangements, working hours and rest times and dismissal procedures (Article 7:655 of the Civil Code).

Compulsory training free of charge

A training that is compulsory by law (or a collective agreement) will be free of charge for the employee (also upon termination) and will be considered as working time (Article 7:611a of the Civil Code).

Request for work with more predictable and secure employment conditions

After 26 weeks of employment, an employee may submit a request to the employer for work with more predictable and secure employment conditions (Article 2b of the Flexible Work Act). The request may consist of, for example, fixed working hours per week, fixed working days, but also a contract for an indefinite term.

The new Act has immediate effect. This means that no transitional law applies. Therefore, it is important that you comply with the legal obligations as of August 1, 2022.

Do you have any questions about the Transparent and Predictable Employment Conditions Act? Feel free to contact one of our lawyers!