What are the employer’s obligations, what is provided for fixed-term contracts and the trial period of work
Favorable settings for employees, it will include, among other things, a bill of the Ministry of Labor and Social Security, which is expected to be submitted to public consultation in the near future.
The purpose is, with the provisions, which the ministry is working on, to incorporate the European directive 2019/1152 “on transparent and predictable working conditions” in our national legislation.
With this directive, more extensive and updated employment rights and protections are provided to millions of workers in the EU, while workers have the right to full and timely information about the essential elements of their employment relationship, in order to ensure a sufficient degree of transparency and predictability regarding their working conditions.
The main points
Based on the provisions of the Community Directive, employers are required to inform their employees in a timely manner in writing or electronically of the essential elements of their employment relationship, as well as of any change in working conditions, while, in the event that the working time schedule is entirely or mostly unforeseeable, the employer must inform the employee about:
- The principle that working hours are variable, the number of guaranteed paid hours and the remuneration for work performed in addition to these guaranteed hours,
- The reference hours and days, within which the employee can be called to work and
- The minimum period of notice that the employee must receive before starting a work assignment.
At the same time, the Community directive provides a maximum duration for the probationary work period.
Specifically, according to the directive, when the employment relationship is subject to on probation, as defined in national law or practice, it must be ensured that the said period does not exceed six months.
When the employment relationship is of a certain time, it must be ensured that the duration of the probationary period is proportionate to the expected duration of the contract and the nature of the work, while if a contract is renewed for the same position and the same duties, a new probationary period is not required for the employment relationship.
Also, there is the possibility, exceptionally, for trial periods of longer duration, in cases where this is justified by the nature of the work or is in the interest of the employee, while, in cases where the employee was absent from work during of the probationary period, Member States may establish a corresponding extension of the corresponding period, depending on the duration of the absence.
Among other thingsn, the Community Directive defines that the employee has the possibility of parallel employment, outside of his working hours.
In particular, it must be provided that the employer is not going to ban to an employee to undertake work for other employers, outside the working hours established with said employer or to reserve unfavorable treatment to an employee for this reason.
However, conditions can be set for the use of restrictions about irreconcilable by employers for objective reasons.
Regarding ucompulsory training, the Community Directive states that, where the employer is required by Union or national legislation or collective agreements to provide training to the employee for the performance of the work for which he is employed, such training provided free of charge to the employee, it counts as working time and, if possible, takes place during working hours.
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