EU Directive on Transparent and Predictable Working Conditions: A Significant Breakthrough for Swiss Residents Working in the EU
Workers have the right to more predictable and secure working terms and arrangements thanks to the EU Directive on transparent and predictable working conditions (EU Directive).
They will also be entitled to timely information that is more thorough on the critical elements of their job. This represents a crucial step toward building a strong social Europe and helps make the European Pillar of Social Rights a reality for EU citizens and workers from EEA nations like Switzerland.
The EU Directive will also impose a need on firms to offer free required training to employees. The provisions of these Directive cover things like the right to receive specific written terms within a week of hiring, a cap on the length of probationary periods, limitations on the use of exclusivity clauses, and the freedom to turn down work outside of predetermined reference hours or days without facing repercussions.
Employers to Bear Training Costs and Declare the Period as Working Time
Unlike in the past, when businesses withheld employee training payments, the Directive says otherwise. If an employer is obligated by law to provide the training, it must be provided free of charge, and the time spent learning must be paid.
Furthermore, the regulation requires companies to allow employees to finish their training during working hours, which must be counted as working time.
It Is No Longer Possible to Completely Forbid Ancillary Activities
Previously, employment agreements forbade supplementary activities. However, the new EU Directive on transparent and predictable working conditions now allows employees to engage in paid activities outside of their employment area once outside of working hours. Such actions are not forbidden unless the employer has a solid reason.
The Directive identifies several situations that may count as objective grounds. This includes the safeguarding of commercial secrets, the integrity of the public sector, and the avoidance of conflicts of interest. The Directive applies not only to the EU businesses but to Swiss citizens working and operating businesses in the EU.
Workers Can Ask for a More Predictable Work Schedule
After 26 weeks of employment, workers can ask for a more stable program and favorable working conditions. However, it's not a must for an employer to grant such a request. On the other hand, employers should get back to their employees in writing within a month of receiving a request for a predictable work pattern.
Failure to respond to this request within the specified deadline will be assumed authorized. As such, the work pattern will be altered to accommodate the request. The Directive states that employees may file a predictable work pattern request once annually and should not attract any penalties.
Additionally, workers must be informed at least four days before the days and hours they will be expected to work. The worker is still entitled to pay even if the employer cancels within the allotted four days.
Penalties for Breaking the Rules
Member States are obligated to provide practical, reasonable, and deterrent sanctions for any violation of the rules. This includes employees being fired or subjected to other unfavorable treatment for exercising their rights. Swiss residents running businesses in the EU should follow the regulations to avoid being penalized by specific countries.
The EU Directive mandates that member states incorporate pro-worker presumptions into their legal redress frameworks. Additionally, employees should have the right to written justifications for termination or similar actions. They should be given a choice to file complaints with a competent authority after informing their employer of any failure.
Source:
https://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=10338&furtherNews=yes
