Transposition EU Directive concerning transparent and predictable working conditions
In a previous newsletter, we informed you that new measures have been introduced to modernise and make the Belgian labour market more flexible.
In this newsletter, we explain the transposition of the European Directive concerning transparent and predictable working conditions by the act of 7 October 2022, as well as the national CLA no. 161.
New individual and collective information obligation
From now on, the employer is obliged to inform the employee in writing about his essential employment conditions.
This includes information on the place of employment, the function, the start date of employment, salary and extra-legal benefits, working time schedules and provisions relating to overtime. The employer should provide this information no later than the first working day and if the employment conditions change.
The most logical thing to do is to include this information in an employment contract or an annex to the employment contract, but it can also be communicated to employees via another document.
A number of collective provisions - e.g. the applicable timetables in the company, the right to training, the dismissal procedure and the appeal period – have to be included in the labour regulations. Most companies will therefore have to amend their labour regulations.
This law only applies to employees who start to work on 10 November 2022, unless the employees themselves request this information.
When the employee is assigned to work in another country for more than 4 weeks, there is a more comprehensive obligation to inform the employee about, among other things:
- the country or countries where the work is to be performed and its expected duration;
- the currency in which wages will be paid;
- if applicable, the benefits in cash or in kind associated with such foreign employment.
There is an additional, more detailed information obligation if the employee is posted to an EU Member State.
New rights and extension of current rights
New rights for employees are created or existing rights are extended:
- An exclusivity clause is no longer valid: the employer may no longer prohibit the employee from working for another employer during the employment relationship; unless this is permitted by law (e.g. it is still prohibited to compete with the employer).
- The employee must be able to attend, free of charge and if possible during working hours, any training necessary to perform his job. We will inform you about all new training obligations in the context of the employment deal in the coming weeks.
- Guarantee minimum predictability of working schedules in the case of variable hourly schedules. The employee may refuse to work if the working schedule was not notified in time or does not fall within the period as stipulated in the working regulations. Additionally, the employer will have to pay the employee for the service that was cancelled untimely by the employer.
- The employee has the right to ask the employer for more predictable and secure working conditions. This right was further elaborated in collective agreement no. 161, concluded in the National Labour Council, which we discuss further below.
CLA no. 161
A new collective labour agreement was concluded in the National Labour Council on September 27, 2022, introducing the right for employees to ask for work with more predictable and secure working conditions.
The employee decides what he understands by predictable and more secure working conditions. This could include, for example: a contract of indefinite time instead of a fixed-term contract, a full-time contract instead of a part-time contract, a fixed working schedule instead of a variable one, etc.
To request the predictable and more secure working conditions, the employee makes a reasoned request to the employer (at least 3 months before the desired start date) after which the employer has 1 month to respond (2 months if the employer has less than 20 employees). If the employer cannot accede to this request, he must motivate this in writing to the employee.
There are some conditions attached to this request: the employee must have been employed for a minimum of 6 months and must have the qualifications and competences for the work he’s requesting. Of course, the employee must accept the working schedule and working conditions of this new work.
The employee who makes this request is protected against dismissal and "adverse treatment" by the employer (e.g. change of working conditions) under penalty of damages.
! Action points
1. Check whether your employees do have an employment contract or are at least informed in writing about the essential employment conditions.
2. Are your working regulations still up to date? As a result of the Labour deal, several adjustments are indeed possible / mandatory. Be sure to have this checked.
Contact our legal team at legal@propay.be for more information.
