As of 1 August 2022, the rules on training costs and side activities are changing. A ban on side activities may only be agreed with an employee in exceptional cases. In addition, the employer’s duty to inform at the start of employment is clarified and expanded – for example, the deadlines by which information must be provided are now set out explicitly.
Training costs
The scope for passing training costs on to employees is being restricted. This concerns the costs of legally mandatory training necessary for the employee to carry out their role. Employees must also be given the opportunity to take this training during working hours.
Transparent and Predictable Working Conditions Directive
These changes stem from 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. The directive aims to improve working conditions by promoting more transparent and predictable employment, while also ensuring labour-market adaptability. In short, the directive sets out the minimum rights every employee in the European Union must have. The rules cover:
- information to be provided to employees
- minimum requirements for the employment contract
- minimum requirements for on-call contracts
- minimum requirements for the probationary period
- the ability to hold multiple jobs
- transitioning to other forms of work
- the funding of training
- measures to protect employees
Bill not yet public
Under the directive, EU member states must have transposed this minimum protection into national law by 1 August 2022. In the Netherlands, the bill implementing the EU Transparent and Predictable Working Conditions Directive was drafted for this purpose. The Council of State has issued advice on the bill. It has not yet been submitted to the House of Representatives, and is therefore not yet public.
For the directive on transparent and predictable working conditions in the European Union, click here.
For the advice of the Council for the Judiciary, click here (in Dutch).
Questions about the above?
Please contact one of Sørensen Advocaten’s employment lawyers. Call: +31 (0)10-2492444
