European Parliament approves Directive on transparent and predictable working conditions in the European Union

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Date:
24 Apr 2019

On 16 April last, the European Parliament has approved the Directive on transparent and predictable working conditions in the European Union.

By:
Marieke ten Broeke

This directive provides for minimum rights for certain (flexible) workers, such as employees with short employment contracts, on-call employees, employees of online platforms (e.g. Deliveroo and Uber) and trainees. Self-employed workers are not covered by the Directive.

Pursuant to the directive, these employees should, amongst others, be informed about their rights and obligations on their first working day. Employees with an on-call agreement, or employees who work on the basis of a similar agreement, should receive an indication of the working days and working hours. They should furthermore be able to refuse in case the call regards a different day. Furthermore, the directive stipulates the employee may not be hindered to work elsewhere on the days the employee is not scheduled. Furthermore, pursuant to the directive, the maximum probationary period is six months, unless the nature of the employment justifies a longer period or in case a longer period is in the interest of the employee, for example in case of long illness. This last matter is of less importance for the Netherlands, since Dutch employment law already knows a (shorter) maximum probationary period.

The EU member states have three years to implement the directive in their national legislation.