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European Directive (EU) 2019/1152 aims to improve working conditions by promoting, among others, more transparent and predictable employment.
It will be transposed into Belgian law by the law of 7 October 2022.
This law provides for:
All employers are required to provide certain information about working conditions.
The employer must provide each worker with at least the following information:
Important note! Where there is no fixed (main) place of work, the employer must communicate the following: the principle that the worker is employed at various places or is free to determine his/her place of work, information about arrangements, if any, for travel between the workplaces or the reference to the employment regulations, the registered place of business (or, where appropriate, the domicile of the employer).
Important note! If these elements are not sufficient to determine the worker's wage and working conditions, the employer must also communicate a brief specification or description of the work.
The employer must provide the information of an individual nature to the worker no later than the first working day, unless it has already been provided previously.
The employer is free to choose the document by which he communicates the information (employment contract or a document separate from the employment contract, written or electronic), unless the information must be included in the employment contract.
In any case, it is necessary that:
What if there are changes?
Any change in the information stated in the document (unless it is the result of a change in the provisions of law or regulations/collective bargaining agreements referred to in the document) must be provided by the employer in the form of a change to the document at the latest on the day on which the change takes effect.
If the worker is required to work in another country for more than 4 consecutive weeks, the employer must mention, before his/her departure, the following in the document containing the information of an individual nature (see above):
If the worker is posted to a Member State of the European Union (Directive 96/71/EC), the employer must mention, before his/her departure, the following in the document containing the information of an individual nature (see above):
If the worker is hired under an employment contract for students, the duration and conditions of the probationary period (i.e., how the contract can be terminated during this period) must be stated in the contract.
Successive probationary periods are prohibited when a student is employed in the same position through successive employment contracts for students.
If the worker is hired under a temporary employment contract with a probationary period, the duration and conditions of the probationary period (i.e., how the contract can be terminated during this period) must be stated in the contract.
If the parties agree on a duration of less or more than 3 working days (the duration provided for by law), this duration must be proportional to the duration of the employment contract and the nature of the work.
Successive probationary periods are prohibited when a worker is employed in the same position through successive temporary employment contracts.
Some information is of a collective nature (it concerns all workers) and must be included in the employment regulations .
The employment regulations must mention:
The first 2 mentions should have already been included in the employment regulations and therefore only need to be updated; it is not necessary to follow the consultation procedure within the works council or, failing that, with the workers.
On the other hand, the consultation procedure within the works council or, failing that, with the workers must be followed in order to include the last 2 mentions in the employment regulations; these are new mentions.
In any case, the employer must still:
The information described above must be provided:
The minimum rights enjoyed by the workers are covered in a following Infoflash.
Do you have any questions about the impact of this new legislation on your documents (employment contract and employment regulations)? Please contact our Legal Partners via email@example.com.
Source: law of 7 October 2022 partially transposing Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union, Belgian Official Gazette, 31 October 2022.
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