The European Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union came into force almost two years ago. Yesterday evening, on June 23, 2022, the Bundestag passed the law transposing Directive (EU) 2019/1152 into national law. The aim is to create more transparency for employees with regard to their working conditions.
The law, which comes into force on 01.08.2022 and applies to every company regardless of size, legal form and number of employees (from the 1st employee), has the following consequences, among others
- the employer has more extensive information and documentation obligations,
- deadlines can be shortened,
- new formal requirements exist,
- employment contract templates have to be amended and additional minutes drawn up for employees.
The most far-reaching changes concern the Evidence Act (NachweisG)
- In the past, the NachwG already obliged employers to record key terms of the employment relationship, write them down and make them available to the employee.
- The new law adds a number of conditions requiring documentation, which must be provided to the employee in writing from day 1 of the employment relationship.
- These increased requirements apply not only to all employment relationships that are concluded from 01.08.2022, but also to all existing employment relationships. Employers must be prepared to respond to employee inquiries in writing within one week.
- Violations of the Proof of Compliance Act that were previously largely unpunished will in future be subject to fines as administrative offenses.
According to the draft law, the following points must also be included in the minutes or the employment contract:
- Duration of the agreed probationary period
- the agreed rest breaks and times
- precise details on the modalities of shift work and work on call
- the possibility of ordering overtime and its requirements
- Information on the procedure to be followed when terminating the employment relationship
- Reference to any further training provided by the employer
- Specification of the end date for a fixed-term employment relationship
Amendments to other laws
In addition to the NachwG, other laws have been amended, which above all mean an increased burden of justification for the employer (not exhaustive):
- In the case of part-time and fixed-term contracts, the employer must inform the employee in writing, giving reasons, of full-time, part-time, temporary or changed working hours at the employee’s request.
- The same obligation to give reasons applies to the employer if temporary workers express their wish to be taken on.
- In addition, only “proportionate” probationary periods are permitted for fixed-term contracts.
Conclusion
We advise employers to deal with the upcoming changes now, as the changes mean a not inconsiderable need for adaptation in the creation and amendment of employment contracts and uncertainties in practical implementation.
WEBINAR
In order to give you a comprehensive insight into the new legal situation and to explain what is important for all employers now, we cordially invite you to a webinar with TIGGES partner and specialist lawyer for employment law Michael Niermann. The digital event is aimed at all employers and HR managers.
Wednesday, July 06, 2022
11.30 – 12.30 a.m.
You can register for the webinar directly here or send an e-mail to events@tigges.legal
The members of the TIGGES employment law team will be happy to answer your questions at any time!
