On 1 August 2022, several changes will once again take place in employment law. On that date, the “Transparent and Predictable Working Conditions Act” will come into effect. This is the first major legislative change since the introduction of the Balanced Labour Market Act (WAB) on 1 January 2020. Read below to find out what this legislative change specifically entails for both employers and employees.
Change 1: Training costs clause
Sometimes an employee is required (by law or a collective labour agreement) to undergo training for a specific role. Examples include mandatory training in healthcare or the legal profession. As of 1 August 2022, an employer may no longer recover the costs of mandatory training from the employee via a training costs clause. Furthermore, the employer must enable the employee to undergo the training during working hours. For studies, courses, and training that are not mandatory, a training costs clause remains possible.
Change 2: Ancillary activities
Under current employment law, an employee bound by an ancillary activities clause is prohibited from working elsewhere during their employment. This clause is all-encompassing for every activity. Under the new law, an employer may no longer prevent an employee from working for another employer outside of their work schedule. An employer must have a valid reason (objective justification) for doing so. Examples include a conflict of interest or a violation of the Working Hours Act. If there is no valid reason, the ancillary activities clause is void.
Change 3: Predictable working conditions
Furthermore, the title of the act says it all. Employees are entitled to transparent and predictable working conditions. This means that from 1 August 2022, employers must provide (even) more information in writing after commencement of employment (and at the latest within 1 week or 1 month). This concerns the “essential aspects” of the employment contract. Examples include: the place of work if there is no fixed workplace, specific holiday and leave arrangements, training policy, and dismissal procedures (including notice periods). Additionally, employers may no longer require employees to work frequently at unpredictable times. This legislative change primarily affects employees with on-call contracts. Employers must therefore do (even) more to create a work pattern that is as predictable as possible.
In conclusion
The bill includes additional protection for employees who invoke the aforementioned rights. In short, an employee may not be dismissed or disadvantaged for doing so.
