The EU Directive for Transparent and Predictable Working Conditions aims to provide employees with more predictability and clarity in relation to their working conditions.
EU Member States had until 1st August 2022 to transpose the Directive into law, but Ireland has yet to do so. In late September, the European Commission announced infringement decisions that are to be taken against Ireland and other States who have failed to communicate measures taken to transpose directives into national law.
However, some of the requirements are already covered by existing Irish employment legislation, such as providing employees with information on their employment under the Employment (Miscellaneous Provisions) Bill.
Provisions of the Directive
| Probationary periods |
Under the Directive, probationary periods are limited to six months. This can be increased if it can be justified by the Employer or if the Employee is absent due to illness or leave. While most Irish Employers already have a six-month probationary period in place, any new legislative changes will need to be included in existing procedures. |
| Information relating to employment |
Irish Employers are already obliged to provide information to employees within 5 days of commencing employment with further information provision required within 2 months of commencement. While Irish Employers meet certain obligations contained in the Directive, there are some additional deadlines, but they fall within the 2-month period. These include that within 7 days of commencing employment, Employers provide information relating to predictable and unpredictable work patterns, length of probationary period and details relating to job title and description of work. And, at one month, information should be provided relating to training, the process to be followed for termination of employment and for agency workers – the details of the end-user entity. |
| Exclusivity clauses |
Employers will not be able to prevent or restrict an Employee working with another Employer unless it can be justified on specific grounds, such as confidentiality or conflict of interest. Depending on what is included in the Irish legislation, Employers may need to review their policies on exclusivity of service. |
| Training |
If training is required for an Employee to carry out their job, then this must be provided at no cost and done during working hours. Again, this is something practiced already by most Irish Employers as standard. |
| Predictable work |
The Directive provides Employees with rights relating to more predictable work schedules. Zero-hour contracts are already banned but Employees who work unpredictable hours can now request information on their work schedules and can be compensated if work is cancelled at short notice. Employees with six months’ service can also request more predictable work. |
| Employees sent overseas |
Employers are already required to provide certain information to Employees who work outside of Ireland for more than one month. The Directive extends this to include providing information about local law remuneration entitlements, applicable allowances, arrangements for expensing travel, food and accommodation, as well as providing a link to an official national website, which sets out the terms and conditions applicable to those working in the host country. |
As yet, the Government has not published a draft Bill and until it is made available, the specific details as to what or how any changes will impact Employers are unknown.