Clarifying conditions

Under the new European Union (Transparent and Predictable Working Conditions) Regulations 2022, there are now new requirements placed on employers. The purpose of the regulation is to provide more transparency and predictability about working conditions.

Core terms of employment

In line with the regulation, employers are required to notify each new employee, in writing, within five days of commencement of employment, of their core terms of employment. The regulation also has introduced an additional five core terms: employer reserves the right to extend the probation for the same length of time as the duration of the absence. Employers are also required to ensure that the probationary period within a fixed term contract is proportionate to the expected duration of the contract and the nature of the work.

• The duration and conditions relating to a probationary period.

• The place of work.

• The title, grade, nature or category of work or a brief description of the work.

• Date of commencement of employment.

• Any terms and conditions relating to hours of work including those relating to overtime or any other allowance.

Transition of employment

If an employee transitions to another form of employment within the company and has completed their six-month probationary period and has six months’ continuous service, they may request a form of employment with more predictable and secure working conditions, where available, and receive a reasoned reply from their employer. An employee can make such a request once in any 12-month period and an employer must provide a reasoned written reply to the request within one month.

Notice of work assignment

Under the new European Union (Transparent and Predictable Working Conditions) Regulations 2022, employers must provide more transparency and predictability about working conditions

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Updates to issuing of contracts

In line with the introduction of the European Union (Transparent and Predictable Working Conditions) Regulations 2022, there are now also further requirements surrounding contracts which must be issued to the employee within the first month of employment. In line with the regulations the contract must now include:

- Training, if any, to be provided by the employer

In the case of a temporary contract of employment, the details of the person or firm hiring the agency worker.

- If the work pattern of the employee is entirely or mostly unpredictable and work is based on the principle that the work schedule is variable, contracts must include the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours. Contracts must also outline the reference hours and days within which the employee may be required to work and the minimum notice period the employee is entitled to before the start of a work assignment.

- The identity of the social security institutions receiving the social insurance contributions attached to the contract of employment and any protection relating to social security provided by the employer.

Probationary period

The regulation has also amended aspects of the probationary period which should now be a maximum of six months. It should only be longer than six months when it would be in the interest of the employee. Where an employee is absent during the probationary period, the

As well as the minimum notice period specified in the Organisation of Working Time Act, a work assignment must now take place within the reference hours and days notified to the employee as part of their written terms. Where the notice of a work assignment provided to an employee is not within the minimum notice period of 24 hours, or the work assignment is to take place outside the reference hours and days, the employee has the possibility to refuse it without adverse consequences.

Parallel employment

As outlined in the new regulation, an employer cannot stop an employee from taking up employment with another employer, outside of the work schedule established with the first named employer or treat an employee adversely for taking up employment with another employer An employer may restrict an employee from taking up another employment if they have objective justification for doing so such as: health and safety, protection of confidentiality of the business, integrity of public service or to avoid a conflict of interest. Any objective justification for a restriction should be included in the contract of employment.

Conclusion

In line with the updates brought about because of this new regulation, it is important that employers update their contracts of employment and the process regarding the issuing of contracts to new employees. However, it is equally important that the above changes are outlined to existing staff and that a documented process regarding these changes are placed on existing employees’ files to ensure compliance. ■