Employers beware: are you ready for the Transparent and Predictable Employment Conditions Act?

New rules already enter into force on 1 August

We have already written that new labour law rules are on their way. And they are not bad: this is the most important change in labour law since the Labour Market in Balance Act.
Do you also want to be ready for it? Then read our contribution:

What is the Transparent Predictable Employment Conditions Act?
With this Act, our country implements a European Directive. In concrete terms, a number of labour law provisions in our Civil Code are changing.
These have immediate consequences for many employers and employees.

What exactly will change?
The new Act has significant consequences for employers and employees in three areas:

#1 Compulsory training
Employers may no longer make repayment arrangements with employees for compulsory training. Such training must also be provided during working hours. Study-cost clauses are a thing of the past, insofar as compulsory training is concerned. Unfortunately, it is not yet completely clear what exactly is meant by 'compulsory' training. It is assumed that it concerns training that is compulsory on the grounds of EU law, national law or the CAO. Obligations under national law include training that is necessary for the position or in the framework of employability. Existing study-cost clauses about compulsory training that do not meet the requirements will be null and void as of 1 August!

#2 Rights of on-call workers improved
In short, an on-call worker can only be obliged to come to work at certain agreed hours. This means that so-called reference hours must be agreed: weekly hours on which an employee with variable hours may be called. Such reference hours and guaranteed hours must be in reasonable proportion to each other. From 1 August 2022, every employment contract with on-call employees must contain agreements on reference hours.

#3 Secondary activities permitted, unless there is an objective justification
Many employment contracts contain an ancillary activities clause. For such an agreement, an employer will have to have an objective justification as of 1 August 2022.
In other words, as of 1 August 2022, every employee may work for another employer outside of working hours, unless the employer has an objective reason to prohibit the ancillary activities.
An objective reason is for example: conflict with health or safety, protection of confidentiality of business information, integrity of public services and avoidance of conflicts of interest.

I am an employer, what should I do?
The new legislation has direct consequences, also for existing employment contracts. Therefore, you should have your employment contracts and other arrangements examined by an employment lawyer. The team of SPEE lawyers & mediation is ready to assist you.

SPEE advocaten & mediation Maastricht