Major changes in the world of employment law

Employers take note: major changes in the world of employment law!

The Transparent and Predictable Terms of Employment Act has entered into force. In February, one of our employment lawyers wrote an interesting column on this bill specifically for the flex industry. You can read that column back here.

Transparent and predictable terms of employment

On Monday 1 August 2022, the Transparent and Predictable Conditions of Employment Act entered into force. The amendments stem from a European directive that were implemented in Dutch law on the aforementioned date.

What does this mean for your organisation? Here is a list of the most important changes:

• From now on, compulsory training for employees must be offered free of charge, and this training may in principle (exceptions to this are possible) be taken during working hours. If a repayment arrangement is nevertheless agreed for the compulsory training, this clause is null and void.
• Employers may no longer simply prohibit employees from performing ancillary activities (for someone else or self-employed). Only if there is a good reason for doing so is such an (agreed) prohibition allowed. Examples include the health and safety of the employee, the protection of confidentiality of company information, the integrity of public services or the avoidance of conflicts of interest.
• The information obligation of employers will be extended. This means that more information must be provided on key elements of the employment relationship and conditions of employment, ensuring greater transparency and predictability for employees. We will be happy to inform you about these additional obligations.
• Employees with 'wholly or largely unpredictable hours' will get more protection. For instance, employees with unpredictable work patterns may only be required to perform work on set reference days and hours. Work outside these may be refused. Another change is that for these workers - with unpredictable work patterns - the time limits for on-call contracts (for calling, changing and withdrawing shifts) have started to apply.
• An employee with a flexible contract (such as an on-call worker) can, if employed for at least 26 weeks, request a job with more predictable and secure working conditions. This is only possible if this form of employment is actually available. No criteria are mentioned on the basis of which such a request should be accepted or rejected. However, there is a penalty for the employer's failure to respond (on time); in that case, the employee's request is automatically granted.

Importantly, these new rules have immediate effect. This means that the changes apply to both current and new employees. For this reason, we recommend having employment contracts and internal regulations checked and adapted to this new legislation in the short term.

Parental leave for employees extended

In addition, from Tuesday 2 August 2022, parents will be entitled to nine weeks of paid parental leave, to be taken in the first year of their child's life. During this leave, wages will be partially (70%) paid and this is therefore in addition to the already existing unpaid parental leave of up to 26 times the number of hours of the working week. Note that the extended parental leave also applies to parents of children born before 2 August 2022. In those cases too, the leave must be taken in the child's first year of life.

It is also possible for adoptive and foster parents to claim paid parental leave, provided the child is under eight years old and the leave is taken within one year of the child being adopted or placed in the family.

Want to know more about the legislative changes and how to deal with them? Then contact us, our employment lawyers are ready to help you! Of course, you can also consult one of Marxman's specialists for other questions about your company.