Following recent legislation, such as the Transparent and Predictable Working Conditions Act, the Labor Convention and the Bill containing various provisions relating to incapacity for work, the work rules will need to be updated. In addition, we recommend that you review the employment contract template.
All employers must include a number of new provisions in the work rules, such as the right to training or additional information regarding the termination of the employment contract, including the possibility of appealing against the dismissal.
Other arrangements are only necessary when employers wish to introduce certain new schemes (e.g. the four-day week or the alternative working week) or are only compulsory for certain employers (e.g. derogation from the general rule of mandatory work stoppage for the first day of incapacity for employers with fewer than 50 employees).
Some adjustments should already be in place from November 10, 2022, although we do not expect immediate sanctions to be imposed if not by then. Other adjustments, such as the right to disconnect, should in principle only be in place from 1 January 2023, provided that no sectoral CLA or a CLA concluded at national level on the subject has been concluded previously.
Some adjustments require following the specific amendment procedure (works council agreement or employee opinion), others do not.
We recommend making all adjustments at once and fully filtering work rules at once, especially if it’s been a while.
We also recommend that you review certain clauses in your model employment contract, such as the exclusivity clause or the intellectual property rights clause.