The Transparent and Predictable Working Conditions Regulations stems out from the 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. This directive aimed to update the already existing Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship in the context of more flexible and modernised labour market catalysed by the digitalisation era.

Through this regulation new set of obligations on behalf of the employer and rights for the employees have been legislated to capture the ever-evolving nature of the world of work. Thus, setting up a framework which guarantees the minimum standard of working conditions in the modern labour market and world of work.

This regulation has already entered into force and its provisions are applicable by 1st August.

All workers and employers who have an employment relationship or an employment contract as defined by the law, collective agreements or practice in force in each Member State. It is however, important to note that some provisions do not apply to seafarers or sea fishermen.

Employers are obliged to inform the workers of the essential aspects of the employment relationship and make such information available to the worker in writing.

The employer needs to make available in writing the basic information of the conditions of employment and all the terms and references of the employment relationship between himself/herself and the employee in accordance with national law. Furthermore, the format of the information can be also in an electronic format as long as such information can be either stored or printed. This shall include

1. the basic information of the employer, such as the name, registration number and registered place of the business of the employer as well as the identification information of the employer.
2. Information on the place of work if applicable, in cases where there is no fixed place of work the employer can designate the workplace of one of the various places or where appropriate the residence of the employer.
3. The title of the job or grade which the worker will be tasked to perform together with a job description.
4. The starting date of employment and in cases where the employment relationship has a fixed term, the employer is required to include the end date or the duration period of the employment relationship.
5. The duration of the probation period
6. Entitlement for paid training.
7. The amount of statutory paid leave as applicable by law, which include vacation leave, parental leave, paternal leave, maternity leave, carer’s leave, urgent family leave, bereavement leave, marriage leave, quarantine leave.
8. The conditions for the termination of the employment relationship, such as notice period.
9. The salary package, which needs to be clearly listed together with any other renumeration or component elements.
10. In cases where the working schedule is mostly predictable, the employer must include the weekly work schedule, overtime or any arrangements for shift changes.
11. However, in cases where the nature of the work pattern is entirely or mostly unpredictable the employer must provide:
a. number of guaranteed paid hours and the remuneration for additional hours
b. reference hours and days when the work may be required
c. minimum period of notice before the start of work and the deadline for cancellation
12. In cases where it is the responsibility of the employer, the employer needs to identify the social security institutions receiving the social contributions linked with the employment relationship.
13. Applicability of collective agreement where applicable.

In such cases the employer needs provide the employee with a signed statement listing:
1. The basic information of the of the employer and business, such as the name, registration number and registered place of business together with a valid legal information of the employee: ID Card Number and address of the employee.
2. Rate to be paid for the work
3. Any special conditions regulating the contract for the service agreement.

The basic information and conditions of the employment relationship such as the basic information of the employer, the place of work, title of the job and job description, starting date of the employment relationship, termination procedures, renumeration and salary package, probationary period, and other work arrangements such as overtime and shift changes needs to be provided by not later than 7 calendar days from the start of the employment.

The other relevant information as prescribed by the regulation such as entitlement to training, information of paid leave in accordance with law, conditions for termination procedure, applicable collective agreements, social security institutions receiving contribution must be provided to the employee by not later than 1 month of the starting date of the employment relationship.

However, in cases where the employee is required to work overseas for a period exceeding four consecutive weeks such information shall be provided by the employer before the employee’s departure. In such cases the employer is required to include additional information such as:
1. The country or countries in which the employee will be working in and the duration of the work overseas.
2. The currency to be sued for the payment of the renumeration.
3. Any cash benefits or in kind related with the work assignment overseas.
4. Information whether repatriation will be provided and the procedure and terms and conditions for the repatriation.

In the case of posted workers, the employer is obliged to provide a posted worker with information as to the relative remuneration to which the worker is entitled in accordance with the applicable law of the host Member State, where applicable, any allowances specific to posting and any arrangements for reimbursing expenditure on travel, board and lodging and the link to the single official national website developed by the host Member State pursuant to Article 5(2) of Directive 2014/67/EU of the European Parliament and of the Council.