The Council of Ministers has approved a few days ago, at the proposal of the Ministry of Labour and Social Economy, the preliminary draft law for the transposition of Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on the introduction of transparent and predictable working conditions in the European Union.
The new law gives workers a new right to foreseeability, which means knowing in advance the essential working conditions and the criteria on the basis of which they may change. This right is introduced in Article 4 of the Workers’ Statute.
The obligation to provide written information on working conditions is strengthened
The employee must know his or her work pattern in advance. To this end, the employer is required to put employment contracts in writing, irrespective of their duration. This also applies to fixed-term contracts of less than four weeks, which until now were exempt from this obligation. In addition, written notification will be compulsory if the essential elements of the employment relationship are changed.
What are the essential working conditions to be included in contracts
These are the essential working conditions: the duration of the contract, the length of the working day and its distribution and the length of the probationary period.
The duration of the contract
If this mandatory information is not included in the employment contract, the employment contract is presumed to be indefinite and full-time.
The lenght of the working day
Any change in the number of hours worked is always voluntary for the employee. The employer may not unilaterally impose, for example, the conversion of a full-time job into a part-time job or vice versa, as well as the increase or reduction of hours in part-time work.
In the case of agreed additional hours, they must be announced at least three days in advance. This period may not be reduced by agreement. If these additional hours are cancelled without respecting this three-day period, the workers shall be entitled to receive the corresponding remuneration.
When a vacancy arises, any employee with at least six months’ seniority in the company is entitled to apply. In this way, priority will be given to existing staff when it comes to accessing better conditions, such as full-time working hours, longer working hours, permanent contracts, etc. The company must issue a reasoned written reply within 15 days or within a maximum of three months if the company has fewer than ten employees or one month if there are more than ten employees.
The probationary period
The trial period in the case of permanent contracts is limited to a maximum of six months for qualified technicians and two months for other workers. This time limit may not be extended in the collective bargaining agreement.
In the case of temporary and fixed-term contracts, if the contract is concluded for a period of six months or more, the probationary period may not exceed one month. In the case of shorter contracts, the probationary period shall be calculated in the same proportion.
Protection of moonlighting
Undertakings may not hinder moonlighting. They may not prohibit it, restrict it or treat any worker unfavourably on the grounds that he or she provides services to other companies.
Any restrictions will have to be well justified on objective grounds such as respect for business confidentiality or the avoidance of conflicts of interest, among other issues.
In recent times, new developments in the field of labour law are constantly taking place and companies are finding it very difficult to keep up with all the changes. For this reason, it is increasingly essential to have a good employment consultancy such as Confianz, made up of professionals who are specialists in this branch of law.