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New guarantees and labour rights for workers in the EU from 2023

Since 2023, new guarantees and labor rights of workers have appeared in the labour legislation of the EU Member States in accordance with the EU Directives regarding transparent and predictable working conditions, maintaining a balance between work and personal time and, in general, bringing labor standards to changes in the labor market.

Changes in labour law for workers and employers came into force from 2023 in accordance with EU Directive 2019/1152 on transparent and predictable working conditions and EU Directive 2019/1158 on work-life balance for parents and carers.

Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union has been adopted to improve working conditions by promoting more transparent and predictable employment while ensuring adaptability to the labour market, in particular non-standard employment.

Changes regarding job-related information. The employer will have to provide the employee, within 7 days after employment, with information in writing (electronic form is possible) about his/her rights and obligations arising from the employment relationship, including about:

Within a month, the employer also provides the employee with additional information about:

Changes to probationary contracts. The maximum duration of any probationary period is no more than 6 months. A significant number of Member States have set an overall maximum probationary period of three to six months. Another contract for a probationary period may be concluded if the new contract concerns work of a different kind. The contract for a probationary period can only be extended for the duration of a vacation or other excused absence.

Parallel employment. An employer must not prohibit an employee from taking a job with another employer outside the working hours established by that employer.

Minimal predictability of work. When the nature of an employee's work is wholly or largely unpredictable, the work must be completed within predetermined hours and days and the employee is informed by his employer of the work assignment within a reasonable notice period. In case of non-compliance with one or both requirements, the employee has the right to refuse to perform the task.

Additional measures for contracts on demand. When using on-demand employment contracts or similar employment contracts, measures should be taken regarding restrictions on the use and duration of these contracts and the presumption of an employment contract with a minimum number of paid hours, based on the average number of hours worked for a given period, should be applied.

Compulsory education. Where an employer is required to provide training to an employee for the job for which he or she is hired, such training shall be provided to the employee free of charge, shall be considered working time and, if possible, should take place during working hours.

Directive (EU) 2019/1158 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU adopted to establish minimum requirements aimed at achieving equality between men and women in terms of labour market opportunities and reconciliation of work and family life for workers who are parents or guardians.

Paternity leave. The father/guardian of the child will be entitled to 10 working days parental leave to be taken in connection with the birth of the child. Member States' national legislation will determine whether paternity/guardian leave may be partially taken before or only after the birth of the child, and whether such leave may be used flexibly.

Parental leave. Each worker must have an individual right to four months' parental leave, which must be taken before the child reaches a certain age, up to eight years of age, in order to effectively and equally exercise their right to parental leave.

Access conditions and detailed mechanisms for applying parental leave should be adapted to the needs of adoptive parents, parents with disabilities and parents with children with disabilities or long-term illness.

Up to 5 days per calendar year, an employee will be able to apply for carers’ leave - to provide personal care for a child or other family member or to support a person who is a relative living in a common family.

Leave due to force majeure - each employee will be entitled to leave on the basis of force majeure for urgent family reasons in the event of illness or accident, making the employee's immediate attendance mandatory.

Flexible work arrangements. Workers with children under a certain age, which must be at least eight years old, and caregivers will have the right to request flexible working hours for care purposes. However, the duration of such flexible work arrangements may be limited.

Flexible working hours mean: remote work, weekend work, individual work schedule or irregular working hours. The employee must indicate in the application the time for which he applies for this type of work. During the period of flexible organization of labour, the employer will not be able to terminate the employment relationship with the employee.

Author: Natalia Grishchenko

16.06.2023

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