Employer’s Obligations to inform workers on essential aspects of their work.

Employer’s Obligations to inform workers on essential aspects of their work.

The Transparent and Predictable Working Conditions Regulations (Subsidiary Legislation 452.126) were published on 21 October, 2022, and transpose 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. These Regulations primarily give workers the right to be informed about the essential aspects of their employment relationship and conditions. The salient features of these Regulations include:

Minimum information – these Regulations list various essential aspects of an employment relationship in respect of which an employer is required to provide written information to all employees, in particular the workers who perform more flexible, atypical and new forms of work.

Timing of information – such minimum information must be made available to the employee within seven (7) calendar days or within one (1) month from the first working day of the commencement of employment, depending on the nature of the information to be provided by the employer.

Modification of conditions – no condition of employment can be modified after the commencement of employment, unless such modification or amendment is a result of a change in laws, regulations or a collective agreement regulating the workplace or is otherwise permitted in terms of law.

Records – these Regulations also highlight the importance of the employer retaining detailed records relating to its employees and their respective employment conditions, and making these available to the Director General responsible for Employment and Industrial Relations upon request.

Zero-hour contracts – as a general rule, the Regulations prohibit zero-hour contracts, namely, contracts or arrangements under which a worker is required to be available for work as and when needed by the employer who, in turn, promises payment on the basis of hours so worked but without guaranteeing a minimum number of hours to the worker.

Parallel employment – an employer may not prohibit a worker from taking up employment with other employers, outside the work schedule established with that employer. Nor may an employer subject a worker to adverse treatment for undertaking any such parallel employment.  The Regulations do, however, allow an employer to impose such a prohibition if there are objective grounds, such as health and safety, protection of business confidentiality, the integrity of the public service or the avoidance of conflicts of interest.

Mandatory training – all mandatory training must be made available to employees free of charge, must be counted as working time and shall, if possible, take place during working hours.

Other safeguards – the Regulations also seek to ensure a minimum level of predictability for workers whose work patterns are entirely or mostly unpredictable. Moreover, employees who complete six (6) months of service as well as their probationary period, may request more predictable and secure working conditions.

Offences – in case of violation of these Regulations, the employee may seek redress. Any such violation shall be deemed to be an offence, and a fine (multa) of at least €450 is imposed.

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