The EU Directive for Transparent and Predictable Working Conditions aims to provide Employees with more predictability and clarity in relation to their working conditions and was implemented into Irish Law on the 16th of December 2022, under the EU (Transparent and Predictable Working Conditions) Regulations 2022.

Here’s a reminder of just some of the Key Provisions of the Directive:

Updated ‘5 Day ’ Statement:

Provision of key information regarding their terms and conditions of employment, current requirement (names, address, duration of contract, rate of calculating pay, normal length of working day).

Must now include:

  • Place of work or, where there is no fixed or main place of work (various places) or is free to determine his or her place of work or to work at various places;
  • Title, grade, nature or category of work
  • Commencement date of contract of employment;
  • Any terms and conditions relating to hours of work (including overtime).

Probationary Periods

  • Limited to 6 months from 1st August 2022 (proportionate for fixed term contracts)
  • Any extension to 6 months must only apply due employee being on leave.
  • Longer period can be justified in limited circumstances.
  • In those limited exceptions the maximum period may be extended to no more than twelve months.
  • Where an Employee began working prior to the signing into law of the Regulations and has completed at least six months of probation, that period will be deemed to have expired by February 2023 at the latest.

Exclusivity of Service

  • Cannot prevent employees from working with another employer unless they have objective grounds for doing so, non-exhaustive examples include:
  • Health and safety,
  • Protection of business confidentiality,
  • Integrity of public service,
  • Avoidance of conflicts of interest.
  • Any such restriction must be included in the contract of employment or in a written statement furnished to the Employee.

Unpredictable Work Patterns

  • Cannot be required to work unless information on hours, days and notice given.
  • Must be compensated if work cancelled without reasonable notice.
  • Can request more predictable and secure working conditions.

Watch this space, next month we will be publishing an eBook on Transparent and Predictable Working Conditions with a full breakdown of all the new employer obligations you need to be aware of.