As of 1 August, all existing and new employment contracts must comply with the act below
At the moment it is still a bill (the “bill implementing the EU Directive on Transparent and Predictable Working Conditions”), but by 1 August 2022 this European directive must have been transposed into Dutch legislation. From then on, all existing and new employment contracts must comply with this act. What can be expected from this new act, and (how) should entrepreneurs anticipate it?
- In principle, employers may no longer prohibit “secondary employment”
Many employers prohibit the employee from doing other work for another employer by means of a secondary-employment clause in the employment contract. Under this new act, this would, in principle, no longer be permitted. Only in exceptional situations could a ban on secondary employment still be agreed. The secondary-activities clause does not need to disappear from the employment contract, but it does need to be amended.
- Mandatory study costs must be paid by the employer
If the law or the CAO prescribes that an employee must follow a particular training programme, then the time spent on it must be paid. This time must therefore be regarded as normal working time. The training must, however, take place during working hours as much as possible. A study-costs clause, which provides that study costs must be repaid if the employee leaves early, is also no longer permitted with respect to this mandatory training. This comes on top of the already strict rules for study-costs clauses. If these are drafted incorrectly, study costs can no longer be reclaimed at all after the end of employment. It is therefore important that you include the right clauses in the employment contract or the study-costs agreement.
- The employer must inform the employee more/better
The employer must also provide the employee (in addition to the already-existing information obligations towards employees) with information about working hours, leave arrangements, probationary period, separate salary components such as bonuses or allowances, entitlement to training, place of work (including where this is not a single location), and the procedural aspects of ending the employment relationship. Where there is an unpredictable work pattern, the employer must also inform the employee in writing about the times at which work must be performed, the number of guaranteed paid hours, and the pay for work performed on top of those guaranteed hours. It must also be clear to the employee when they can be required to perform work (for which hours they can be called in). The employer must also record that the employee can refuse a call from the employer outside those hours.
After 6 months of work, the employee may make a request for a job with more certain working conditions.
Here too, therefore, you will need to amend on-call contracts or min-max agreements.
Do all existing and new employment contracts within your organisation already comply with the Dutch legislation entering into force on 1 August 2022? The corporate lawyers of The Legal Company specialise in employment law and are happy to help you with a screening, including recommendations, of the employment contracts against the new act, for €250 excl. VAT
Would you like to take advantage of this offer, or do you need questions answered/advice? Contact us directly by calling 020-345 0152 or fill in the contact form.
Nothing is as changeable as legislation and regulations. Please note that our blogs may no longer reflect current legislation and regulations and may therefore be outdated. If you have questions or a problem relating to this blog, or wish to obtain legal assistance, please contact us.
