Transposition of the European directive on transparent and predictable working conditions

The European Directive 2019/1152 of 20 June 2019 on transparent and predictable working conditions had to be transposed into national law by 1 August 2022. Belgium did not meet this deadline. The Act on partially transposing the European directive on transparent and predictable working conditions was published only on 31 October 2022 in the Belgian State Gazette. The Act will enter into force on 10 November 2022 (the 10th day after its publication in the Belgian Statz Gazette). 

The Act, as the Directive, consists of two major sections:

• an update of the rules on the information to be provided to employees on their working conditions;
• the establishment of a number of minimum rights, which is a new aspect compared with the previous directive.

1. Extending the employer’s duty to inform

The Act stipulates that employers must provide information on key aspects of the employment relationship to employees in both the private and public sectors (including civil servants).

It concerns the following information:

• “individual” basic information must be provided no later than the first day of employment and may be included in the individual employment contract or in another document. These are the typical elements included in the employment contract, such as the parties, the place of work, the function, the work schedule, etc. Specific information must be provided to employees employed with a variable work schedule.
   
•  “Collective” basic information must be communicated within a period of one month as from the start of the employment relationship. This information must be included in the work rules. This concerns the right to training, the duration of annual leave, the full dismissal procedure including the appeal period, collective labour agreements applicable to working conditions, etc.

• Employees sent abroad should receive certain additional information before their departure.

• Changes in terms and conditions of employment must be communicated to the employee concerned as soon as possible and no later than the day the change takes effect.

In principle, the obligation to inform only applies to employment relationships started as from the date of  entry into force of the Act. However, there is an important sidenote: if an  employee who is already into service specifically requests this, then the employer must provide the requested information within the deadlines.

2. New minimum requirements on working conditions

In addition, the Act provides for some new minimum requirements on working conditions for private sector employees and contractual staff in the public sector:

• Multiple jobs: employers can no longer prohibit their employees from working off-hours for other employers, except for exceptions provided for by law.

• Compulsory training: employers must offer compulsory training at no cost. The time spent on this should be regarded as working time and training should take place during working hours to the extent possible. These courses cannot be the subject of a training clause.

• Transition to another form of work: employees with at least six months’ seniority with the same employer can request a form of employment with more predictable and secure working conditions. Examples include an employment contract for indefinite period in time rather than fixed-term employment contract, a full-time rather than part-time employment contract, a part-time employment contract with a larger number of hours, an employment contract with a fixed schedule rather than a variable working schedule, a weekly or monthly temporary employment contract instead of a daily temporary employment contract. The concrete modalities were worked out in CLA No 161 (see newsflash on this).

• Maximum duration of trial periods: a number of additional restrictions on the remaining trial periods are introduced.

• Minimal predictability of work: employees who are employed with a variable working schedule may refuse to perform a service without adverse consequences if that service is not (i) within a work schedule that was notified on time and/or (ii) within the predetermined reference days and hours. In the event of a late cancellation by the employer, it is the employer who must pay for the work as if it had been performed.

3. Protection from adverse treatment and dismissal

The Act also provides protection against adverse treatment of employees who have filed a complaint against their employer or initiated proceedings to enforce the rights provided for in the law. In addition, protection against dismissal is also provided for employees who have exercised the rights provided for by law. The sanction provided for is a lump-sum compensation of six months’ gross pay.   

4. New criminal sanctions in the Social Penal Code

Failure to comply with certain obligations will be punishable.

Action point

Take a close look at existing procedures and standard documents (including employment contracts and the work rules) and check whether these documents contain all the necessary information in the context of this new Act.

Review the training policy within the company and check whether exclusivity clauses and training clauses are adapted to the new rules.

We can, of course, assist you with this.