### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period may vary according to the needs of sectors , while ensuring adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . 40 __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities . ### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period can vary according to the needs of the sector concerned ; it should also be possible to foresee that its length can be reduced due to exceptional circumstances , such as in the case of abnormal functioning of the operations of the company while ensuring the adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council . __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities .


### information on social security systems should include , where relevant , sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement or family benefits . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council37 . __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights . ### employers should provide information about social security funds and proof of registration with the social security authorities and , where relevant , information on sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement , family benefits , or benefits in respect of accidents at work and occupational diseases . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council37 . __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights .


### the worker shall have the possibility to submit a complaint to a competent authority in a timely manner . if the competent authority finds that the complaint is justified , it shall order the relevant employer to provide the missing information . if the employer does not provide the missing information within 15 days following receipt of the order , the authority shall be able to impose an appropriate administrative penalty , even if the employment relationship has ended . employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty . member states may designate existing bodies as competent authorities . ### the worker shall have the possibility to submit a complaint to a competent authority in a timely manner and to receive an adequate response within a reasonable time frame . if the competent authority finds that the complaint is justified , it shall order the relevant employer to provide the missing information . if the employer does not provide the missing information within 15 days following receipt of the order , the authority shall be able to impose an appropriate administrative penalty , even if the employment relationship has ended . employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty . member states may designate existing bodies as competent authorities .


### the procedure , including the length of the period of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the period of notice cannot be indicated when the information is given , the method for determining such period of notice ; ### the procedure , including the length of the periods of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the periods of notice cannot be indicated when the information is given , the method for determining such periods of notice ;


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing , in paper or electronically , at the start of employment . the information should therefore reach them in writing at the latest within the first 15 days of the employment , but , where provided orally , from the first working day . it should be possible to extend the fifteen day deadline for providing the basic information by two weeks in exceptional circumstances , such as in the case of abnormal functioning of the human resources services of the company .


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in a legally binding document , in paper or electronically , at the start of employment . the basic and essential information should reach them in written form , as stated above , on the first working day . any further information should be provided no later than 15 days after the start of the employment relationship .


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may , exceptionally , be longer than six months , where this is justified by the nature of the employment or in the context of specific measures promoting permanent employment . however , they should under no circumstances last longer than 12 months . it should be possible to interrupt or suspend probationary periods if the employee has been absent due to a long illness or extended leave so as to enable the employee to demonstrate that his or her abilities correspond to the tasks required and to enable the employer to determine the suitability of the worker for such tasks . under no circumstances should it be possible unilaterally to extend a probationary period .


### if the work schedule is entirely or mostly variable , the principle that the work schedule is variable , the amount of guaranteed paid hours , the remuneration of work performed in addition to the guaranteed hours and , if the work schedule is entirely or mostly determined , by the employer : ### if the work pattern is entirely or mostly unpredictable , the principle that the work pattern is unpredictable , the amount of guaranteed paid hours , the remuneration of work performed in addition to the guaranteed hours and , if the work pattern is entirely or mostly unpredictable , by the employer :


### workers whose work schedule is mostly variable should benefit from a minimum predictability of work where the work schedule is mainly determined by the employer , be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients ' requests . ### workers with on - demand contracts or similar forms of employment whose work is unpredictable because their work schedule is mostly variable should , where the work schedule is mainly determined by the employer , be it directly – for instance by allocating work assignments – or indirectly – for instance by requiring the worker to respond to clients or third parties , benefit from a minimum level of stability and predictability with regard to their work .


### if the work schedule is entirely or mostly not variable , the length of the worker ' s standard working day or week and any arrangements for overtime and its remuneration ; ### if the work schedule is entirely or mostly not variable or predictable , the length of the worker ' s standard working day or week , any arrangements for overtime and its remuneration , and reasonable advance notice of such work ;


### employers should not prohibit workers from taking up employment with other employers , outside the time spent working for them , within the limits set out in directive 2003 / 88 / ec of the european parliament and of the council . 39 incompatibility clauses , understood as a restriction on working for specific categories of employers , may be necessary for objective reasons , such as the protection of business secrets or the avoidance of conflicts of interests . __________________ 39 directive 2003 / 88 / ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time . ### employers should not prohibit workers from taking up employment with other employers , outside the time spent working for them , within the limits set out in directive 2003 / 88 / ec of the european parliament and of the council39 as well as within other sector specific legislation regulating working time . incompatibility clauses , understood as a restriction on working for specific categories of employers , may be necessary for objective reasons , such as the protection of business secrets or the avoidance of conflicts of interests . __________________ 39 directive 2003 / 88 / ec of the european parliament and of the council of 4 november 2003 concerning certain aspects of the organisation of working time .


### the information referred to in article 3 shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship . that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed . ### the information referred to in points n of article 3 , shall be provided individually in writing to the worker , at the latest 15 days after the start of the employment relationship . the same information shall be provided orally on the first day of the employment relationship . the deadline referred to in the first subparagraph may be extended by a maximum period of two weeks in the case of exceptional circumstances .


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may , exceptionally , be longer than three months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers .


### member states may allow social partners to conclude collective agreements , in conformity with the national law or practice , which , while respecting the overall protection of workers , establish arrangements concerning the working conditions of workers which differ from those referred to in articles 7 to 11 . ### member states may allow social partners to maintain , negotiate , conclude and enforce collective agreements , in conformity with the national law or practice , which , while respecting the overall protection of workers , establish arrangements concerning the working conditions of workers which differ from those referred to in articles 7 to 11 . member states with a high level of organisation and coverage for the collective agreements , and where the social partners have the primary responsibility to regulate working conditions , may determine that collective agreements concluded at the appropriate level by recognized social partners in accordance with national law , balancing the interests of workers and employers , shall be considered as respecting the overall protection of workers , as long as the purpose of this directive and european union law is respected .


### the information referred to in paragraph 1 shall include : ### the information referred to in paragraph 1 shall include as a minimum :


### the purpose of this directive is to improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability . ### the purpose of this directive is to improve working conditions by promoting more secure , transparent and predictable employment while ensuring labour market adaptability .


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest 7 days after the start of the employment .


### member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties are applied . penalties shall be effective , proportionate and dissuasive . they may take the form of a fine . they may also comprise payment of compensation . ### member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties , that may take the form of fines or compensation payments , for instance , are applied . penalties shall be effective , proportionate and dissuasive .


### since the adoption of council directive 91 / 533 / eec33 , labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , labour markets have undergone changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported innovation , job creation and labour market growth . new forms of employment can vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned , creating uncertainty over applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a timely manner and in a written form and in a form easily accessible to workers . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


### information on social security systems should include , where relevant , sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement or family benefits . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council37 . __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights . ### information on social security systems to be provided should include information on the receiving social security institutions and proof of registration with the social security authorities . where relevant , it should include information on sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement , family benefits , or benefits in respect of accidents at work and occupational diseases . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council37 . __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights .


### employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests . ### member states may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests . employers are not permitted to lay down conditions of incompatibility unilaterally .


### member states shall ensure that where a worker ' s work schedule is entirely or mostly variable and entirely or mostly determined by the employer , the worker may be required to work by the employer only : ### member states shall ensure that where a worker ' s work pattern is entirely or mostly unpredictable and entirely or mostly determined by the employer , the worker may be required to work by the employer only :


### the commission has undertaken a two - phase consultation with the social partners on the improvement of the scope and effectiveness of directive 91 / 533 / eec and the broadening of its objectives in order to insert new rights for workers , in accordance with article 154 of the treaty . this did not result in any agreement among social partners to enter into negotiations on those matters . however , as confirmed by the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens , it is important to take action at the union level in this area by modernising and adapting the current legal framework . ### the commission has undertaken a two - phase consultation with the social partners on the improvement of the scope and effectiveness of directive 91 / 533 / eec and the broadening of its objectives in order to establish new rights for workers , in accordance with article 154 of the treaty on the functioning of the european union . this did not result in any agreement among social partners to enter into negotiations on those matters . however , on the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens , it is essential to take action at union level in this area by adapting the current legal framework to new developments .


### member states may allow social partners to conclude collective agreements , in conformity with the national law or practice , which , while respecting the overall protection of workers , establish arrangements concerning the working conditions of workers which differ from those referred to in articles 7 to 11 . ### member states shall encourage the social partners to maintain , negotiate , conclude and enforce collective agreements , in conformity with the national law or practice , which , while respecting the overall protection of workers , establish arrangements concerning the working conditions of workers which differ from those referred to in articles 7 to 11


### social partners may consider that in specific sectors or situations different provisions are more appropriate , for the pursuit of the purpose of this directive , than the minimum standards set in chapter three of this directive . member states should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter , as long as the overall level of protection of workers is not lowered . ### social partners may consider that in specific sectors or situations different provisions can be adapted , completed or improved if they are more appropriate , for the pursuit of the purpose of this directive , in accordance with chapter three of this directive . member states should therefore encourage the social partners to conclude collective agreements applying the provisions of that chapter , provided that the overall level of protection of workers continues to be respected and that the minimum requirements laid down in this directive are met .


### member states shall ensure that workers with at least six months ' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available . ### member states may ensure that workers with at least six months ' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available . member states may limit the frequency of such requests .


### where employers have the possibility to offer full - time or open - ended labour contracts to workers in non - standard forms of employment , a transition to more secure forms of employment should be promoted . workers should be able to request another more predictable and secure form of employment , where available , and receive a written response from the employer , which takes into account the needs of the employer and of the worker . ### where employers have the possibility to offer full - time or open - ended labour contracts to workers in non - standard forms of employment , a transition to more secure forms of employment should be promoted in line with principle 5 of the european pillar of social rights , proclaimed in gothenburg on 17 november 2017 seeking to encourage a transition to employment of indefinite duration . workers should be able to request another more predictable and secure form of employment , where available , and receive an appropriately substantiated written response from the employer , which takes into account the needs of the employer and of the worker .


### by [ entry into force date + 8 years ] , the commission shall , in consultation with the member states and social partners at union level and taking into account the impact on small and medium - sized enterprises , review the application of this directive with a view to proposing , where appropriate , the necessary amendments . ### by [ entry into force date + 5 years ] , the commission shall , in consultation with the member states and social partners at union level and taking into account the impact on micro , small and medium - sized enterprises , review the application of this directive with a view to proposing , where appropriate , the necessary amendments .


### this directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within member states . ### this directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within member states . this directive shall not be applied and interpreted in such a way as to undermine , restrict or prejudice more favourable working conditions already negotiated in collective agreements and rights and procedural safeguards providing for a higher level of protection .


### principle 7 of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship , including any probationary period , and that they have the right to access to effective and impartial dispute resolution and , in case of unjustified dismissal , a right to redress , including adequate compensation . principle 5 provides that regardless of the type and duration of the employment relationship , workers have the right to fair and equal treatment regarding working conditions , access to social protection and training , that employment relationships that lead to precarious working conditions is to be prevented , including by prohibiting abuse of atypical contracts , that any probationary period should be of reasonable duration and that the transition towards open - ended forms of employment is to be fostered . ### principle 7 of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship , including any probationary period , and that they have the right to access to effective and impartial dispute resolution and , in case of unjustified dismissal , a right to redress , including adequate compensation . principle 5 provides that regardless of the type and duration of the employment relationship , workers have the right to fair and equal treatment regarding working conditions , access to social protection and training , that employment relationships that lead to precarious working conditions is to be prevented , including by prohibiting abuse of atypical contracts , that any probationary period should be of reasonable duration and that the transition towards open - ended forms of employment is to be fostered . principle 5 also provides that necessary flexibility for employers to adapt swiftly to changes in the economic context must be ensured . accordingly , rules applicable to non - standard forms of employment must strike a balance between the need to maintain flexibility in order to foster labour market development , and the entitlement of all workers to social protection .


### where applicable , the benefits in cash or kind attendant on the work assignment , which includes in the case of posted workers covered by directive 96 / 71 / ec any allowances specific to posting and any arrangements for reimbursing expenditure on travel , board and lodging ; ### where applicable , the benefits in cash or kind attendant on the work assignment , which includes in the case of posted workers covered by directive 96 / 71 / ec allowances specific to posting and arrangements for reimbursing expenditure on travel , board and lodging ;


### in implementing this directive member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of small and medium - sized undertakings . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden , and to publish the results of such assessments . ### in implementing this directive member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of micro - enterprises and small and medium - sized undertakings whose importance is to be gauged from the commission recommendation of 6 may 20031a or any later act replacing that recommendation . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden , and to publish the results of such assessments . __________________ 1a oj l 124 , 20 . 05 . 2003 , p . 36 .


### member states shall ensure that an employer shall not prohibit workers from taking up employment with other employers , outside the work schedule established with that employer . ### member states shall ensure that an employer shall not prohibit workers from taking up employment with other employers , outside the work schedule established with that employer . the employee must immediately notify the employer of any employment in parallel .


### if the work schedule is entirely or mostly variable , the principle that the work schedule is variable , the amount of guaranteed paid hours , the remuneration of work performed in addition to the guaranteed hours and , if the work schedule is entirely or mostly determined by the employer : ### if the work schedule is entirely or mostly unpredictable , where that is possible , the principle that the work schedule is unpredictable , the amount of guaranteed paid hours , the remuneration of work performed in addition to the guaranteed hours and , if the work schedule is entirely or mostly determined by the employer , where that is possible :


### the procedure , including the length of the period of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the period of notice cannot be indicated when the information is given , the method for determining such period of notice ; ### the procedure , including the length of the periods of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the periods of notice cannot be indicated when the information is given , the method for determining such periods of notice ;


### workers who consider that they have been dismissed , or have been subject to measures with equivalent effect , on the grounds that they have exercised the rights provided for in this directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent . the employer shall provide those grounds in writing . ### workers who consider that they have been dismissed upon completion of the probationary period , or have been subject to measures with equivalent effect , on the grounds that they have exercised the rights provided for in this directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent . the employer shall provide those grounds in writing .


### employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests . ### member states may however lay down conditions for the use of incompatibility restrictions , namely restrictions on working for specific categories of employers for legitimate reasons , such as health and safety , the protection of business secrets , or the avoidance of conflicts of interests .


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker . probationary periods may also be extended in case of certain types of absences from work to the extent that it can be justified by the nature of the absence . member states will establish a clear and exhaustive list of situations in which the probationary period may be extended .


### the employer shall provide a written reply within one month of the application . with respect to natural persons acting as employers and micro , small , or medium enterprises , member states may provide for that deadline to be extended to no more than three months and allow an oral reply to be given to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged . ### the employer , particularly if the company is an sme , shall provide at least an oral reply as soon as possible after the application .


### the purpose of this directive is to improve working conditions by promoting more secure and predictable employment while ensuring labour market adaptability . ### the purpose of this directive is to improve working conditions by promoting more secure , transparent , clear , informed and predictable employment while ensuring labour market adaptability and the efficient and non - discriminatory application of the law .


### if it is not possible to indicate a fixed work schedule due to the nature of the employment , workers should know how their work schedule will be established , including the time slots in which they may be called to work and the minimum advance notice they should receive . ### if it is not possible to indicate a fixed work schedule due to the nature of the employment , particularly for seasonal workers in the agricultural sector , workers should be kept informed , in so far as possible , as to how their work schedule will be established .


### the procedure , including the length of the period of notice , to be observed by the employer and the worker should their employment relationship be terminated or , where the length of the period of notice cannot be indicated when the information is given , the method for determining such period of notice ; ### the length of the periods of notice to be observed by the employer and the worker should their employment contract or employment relationship be terminated or , where that cannot be indicated when the information is given , the method for determining such periods of notice ;


### where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally , including to those in non - standard forms of employment . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration . ### where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed , it is important to ensure that such training is provided equally , including to those in non - standard forms of employment . the costs of such training should not be charged to the worker nor withheld or deducted from the worker ' s remuneration , unless the worker gives notice of termination shortly before the training takes place . in this case , a proportionate defrayment of costs by the worker should be regulated by law or collective bargaining .


### this directive lays down minimum requirements , thus leaving untouched member states ' prerogative to introduce and maintain more favourable provisions . rights acquired under the existing legal framework should continue to apply , unless more favourable provisions are introduced by this directive . the implementation of this directive cannot be used to reduce existing rights set out in existing national or union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this directive . ### this directive lays down minimum requirements , thus leaving untouched member states ' prerogative to introduce and maintain more favourable provisions . rights acquired under the existing legal framework should continue to apply , unless more favourable provisions are introduced by this directive . the implementation of this directive cannot be used to reduce existing rights set out in existing national or union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this directive . member states should ensure that steps are taken to prevent the introduction of zero - hour contracts or similar types of employment contract .


### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker , such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers . ### probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training . such periods may be accompanied by reduced protection against dismissal . any entry into the labour market or transition to a new position should not be subject to prolonged insecurity . as established in the european pillar of social rights , probationary periods should therefore be of reasonable duration . a substantial number of member states have established a general maximum duration of probation between three and six months , which should be considered reasonable . probationary periods may , exceptionally , be longer than six months , where this is justified by the nature of the employment or in the context of specific measures promoting permanent employment . however , they should under no circumstances last longer than 12 months . it should be possible to interrupt or suspend probationary periods if the employee has been absent due to a long illness or extended leave so as to enable the employee to demonstrate that his or her abilities correspond to the tasks required and to enable the employer to determine the suitability of the worker for such tasks . under no circumstances should it be possible unilaterally to extend a probationary period .


### member states shall ensure that workers with at least six months ' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available . ### member states shall ensure that workers with at least six months ' seniority with the same employer may request a transition towards another , more predictable and secure form of employment , where available .


### information on social security systems should include , where relevant , sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement or family benefits . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council37 . __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights . ### employers should provide information about social security funds and proof of registration with the social security authorities and , where relevant , information on sickness , maternity and equivalent , parental , paternity , old - age , invalidity , survivors ' , unemployment , pre - retirement , family benefits , or benefits in respect of accidents at work and occupational diseases . information on social security protection provided by the employer should include , where relevant , coverage by supplementary pension schemes within the meaning of council directive 98 / 49 / ec36 and directive 2014 / 50 / eu of the european parliament and of the council37 . __________________ 36 council directive 98 / 49 / ec of 29 june 1998 on safeguarding the supplementary pension rights of employed and self - employed persons moving within the community . 37 directive 2014 / 50 / eu of the european parliament and of the council of 16 april 2014 on minimum requirements for enhancing worker mobility between member states by improving the acquisition and preservation of supplementary pension rights .


### additional information for workers posted or sent abroad ### additional information for workers sent abroad


### social partners may consider that in specific sectors or situations different provisions are more appropriate , for the pursuit of the purpose of this directive , than the minimum standards set in chapter three of this directive . member states should therefore be able to allow social partners to conclude collective agreements modifying the provisions contained in that chapter , as long as the overall level of protection of workers is not lowered . ### social partners may consider that in specific sectors or situations different provisions can be adapted , completed or improved if they are more appropriate , for the pursuit of the purpose of this directive , in accordance with chapter three of this directive . member states should therefore encourage the social partners to conclude collective agreements applying the provisions of that chapter , provided that the overall level of protection of workers continues to be respected and that the minimum requirements laid down in this directive are met .


### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing at the start of employment . the relevant information should therefore reach them at the latest on the first day of the employment . ### workers should have the right to be informed about their rights and obligations resulting from the employment relationship in writing , in paper or electronically , at the start of employment . the basic relevant information should therefore reach them in writing at the latest within three working days of the start of employment , but on the first day of the employment relationship this same information shall be provided orally . it should be possible to extend the three - day deadline for providing the basic information to a maximum of one week in exceptional circumstances , such as in the case of abnormal functioning of the human resources services of the company . the remainder of the information should be provided within a reasonable period thereafter , but in any event within 15 days of the start of employment .


### the information referred to in article 3 shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship . that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed . ### the information referred to in points n of article 3 , shall be provided individually in writing to the worker , at the latest 15 days after the start of the employment relationship . the same information shall be provided orally on the first day of the employment relationship . the deadline referred to in the first subparagraph may be extended by a maximum period of two weeks in the case of exceptional circumstances .


### member states shall ensure that where employers are required by union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed , such training shall be provided cost - free to the worker . ### member states shall ensure that , where an employer is required by union or national legislation or relevant collective agreements to provide training to workers to carry out the work for which they are employed , or which the employer’s general training policy requires for the job in question , such training is available to the worker free of charge .


### if the work schedule is entirely or mostly variable , the principle that the work schedule is variable , the amount of guaranteed paid hours , the remuneration of work performed in addition to the guaranteed hours and , if the work schedule is entirely or mostly determined , by the employer : ### if the work pattern is entirely or mostly unpredictable , the principle that the work pattern is unpredictable , the amount of guaranteed paid hours , the remuneration of work performed in addition to the guaranteed hours and , if the work pattern is entirely or mostly unpredictable , by the employer :


### principle 7 of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship , including any probationary period , and that they have the right to access to effective and impartial dispute resolution and , in case of unjustified dismissal , a right to redress , including adequate compensation . principle 5 provides that regardless of the type and duration of the employment relationship , workers have the right to fair and equal treatment regarding working conditions , access to social protection and training , that employment relationships that lead to precarious working conditions is to be prevented , including by prohibiting abuse of atypical contracts , that any probationary period should be of reasonable duration and that the transition towards open - ended forms of employment is to be fostered . ### principle 7 of the european pillar of social rights , proclaimed at gothenburg on 17 november 2017 , provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship , including any probationary period , and that they are entitled to be informed of the reasons for their dismissal and given a reasonable period of notice and that they have the right to access to effective and impartial dispute resolution and , in case of unjustified dismissal , a right to redress , including adequate compensation . principle 5 provides that regardless of the type and duration of the employment relationship , workers have the right to fair and equal treatment regarding working conditions , access to social protection and training , that employment relationships that lead to precarious working conditions is to be prevented , including by prohibiting abuse of atypical contracts , that any probationary period should be of reasonable duration and that the transition towards open - ended forms of employment is to be fostered , while giving employers the necessary flexibility to adapt swiftly to any economic shifts .


### member states shall ensure that workers with at least six months ' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available . ### member states shall ensure that , after at least six months in employment , another form of employment may be agreed between the employee and employer .


### member states shall ensure that employers are required to inform workers of the essential aspects of the employment relationship . ### member states shall ensure that employers are required to inform workers of the essential aspects of the employment relationship as referred to in article 3 , , , , , , , and within seven days of them starting work .


### the member states may entrust social partners with the implementation of this directive , where social partners jointly request to do so and as long as the member states take all the necessary steps to ensure that they can at all times guarantee the results sought under this directive . ### the member states should ensure that the implementation of this directive is entrusted to social partners , where social partners jointly so request . the member states should take all the necessary steps - and make all the necessary resources available to the social partners - to ensure that they can at all times guarantee the results sought under this directive . if the implementation of this directive cannot be entrusted to the social partners , member states should ensure that the social partners are involved in the entire process of transposing this directive .


### member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties are applied . penalties shall be effective , proportionate and dissuasive . they may take the form of a fine . they may also comprise payment of compensation . ### member states shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this directive or the relevant provisions already in force concerning the rights which are within the scope of this directive . member states shall take all measures necessary to ensure that those penalties , that may take the form of fines or compensation payments , for instance , are applied . penalties shall be effective , proportionate and dissuasive .


### if the work schedule is entirely or mostly not variable , the length of the worker ' s standard working day or week and any arrangements for overtime and its remuneration ; ### if the work schedule is entirely or mostly not variable or predictable , the length of the worker ' s standard working day or week , any arrangements for overtime and its remuneration , and reasonable advance notice of such work ;


### the employer shall provide a written reply within one month of the application . with respect to natural persons acting as employers and micro , small , or medium enterprises , member states may provide for that deadline to be extended to no more than three months and allow an oral reply to be given to a subsequent similar request submitted by the same worker if the justification for the reply as regards the situation of the worker remains unchanged . ### the employer , particularly if the company is an sme , shall provide at least an oral reply as soon as possible after the application .


### since the adoption of council directive 91 / 533 / eec33 , labour markets have undergone far - reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported job creation and labour market growth . new forms of employment are often not as regular or stable as traditional employment relationships and lead to reduced predictability for the workers concerned , creating uncertainty as to applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a written form and in a timely manner . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship . ### since the adoption of council directive 91 / 533 / eec , labour markets have undergone changes due to demographic developments and digitalisation leading to the creation of new forms of employment , which have supported innovation , job creation and labour market growth . new forms of employment can vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned , creating uncertainty over applicable rights and social protection . in this evolving world of work , there is therefore an increased need for workers to be fully informed about their essential working conditions , which should occur in a timely manner and in a written form and in a form easily accessible to workers . in order adequately to frame the development of new forms of employment , workers in the union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across member states and preserving labour market adaptability . __________________ 33 council directive 91 / 533 / ec of 14 october 1991 on an employer ' s obligation to inform employees of the conditions applicable to the contract or employment relationship .


### the information referred to in article 3 shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship . that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed . ### the information referred to in article 3 shall be provided individually to the worker in the form of one or more documents at the latest within one calendar week from the first working day . the other information referred to in article 3 shall be provided individually to the worker in the form of a document within one month from the first working day .


### the information referred to in article 3 shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship . that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed . ### the information referred to in article 3 shall be provided individually to the worker in the form of a document at the latest two working days after the start of the employment relationship .


### in the case of a temporary employment relationship , the end date or the expected duration thereof ; ### in the case of a temporary employment relationship , the end date or the expected duration thereof , where that is possible ;


### in order to deter money laundering throughout the union , member states should lay down minimum types and levels of penalties when the criminal offences defined in this directive are committed . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha378 or where the perpetrator abused their professional position to enable money laundering , member states should provide for aggravating circumstances in accordance with the applicable rules established by their legal systems . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime , ### in order to deter money laundering throughout the union , member states should lay down in a catalogue minimum types and minimum levels of penalties when the criminal offences defined in this directive are committed . where the offence is committed within a criminal organisation within the meaning of council framework decision 2008 / 841 / jha37 or where the perpetrator abused their professional position to enable money laundering , member states should make effective provision for aggravating circumstances in accordance with the applicable rules established by their national legal systems and should make arrangements for its effective implementation . _________________ 37 council framework decision 2008 / 841 / jha of 24 october 2008 on the fight against organised crime .


### each member state shall ensure that the conduct referred to in articles 3 and 4 shall be punishable by effective , proportionate and dissuasive criminal penalties . ### the member states shall ensure that perpetrators of the criminal activities referred to in articles 3 and 4 are subsequently prosecuted and punished and that the punishments will have a dissuasive effect on imitators .


### where the opinion of the committee is to be obtained by written procedure , that procedure shall be terminated without result when , within the time - limit for delivery of the opinion , the chair of the committee so decides or a simple majority of committee members so request . ### where the opinion of the committee is to be obtained by written procedure , that procedure shall be terminated without result if , within six months , the chair of the committee so decides or a simple majority of committee members so request .


### the commission may request efsa to render its opinion if the update is liable to have an effect on human health . ### the commission shall request that efsa renders its opinion if the update to the union list is liable to pose a safety risk to human health .


### it is appropriate to authorise a novel food by updating the union list subject to the criteria and the procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use it is appropriate to provide for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . as the updating of the union list implies the application of criteria laid down in this regulation , implementing powers should be conferred on the commission in that respect . ### it is appropriate to authorise a novel food by updating the union list subject to the criteria and the procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use the applicants should be able to opt for a faster and simplified procedure to update the union list , so as to ensure that access times are similar to those for similar eu products . that procedure should be authorised in cases where no reasoned safety objections are expressed . as the updating of the union list implies the application of criteria laid down in this regulation , implementing powers should be conferred on the commission in that respect .


### within three months of the date of publication of efsa ' s opinion , the commission shall submit to the committee referred to in article 27 a draft implementing act to authorise the placing on the market within the union of the traditional food from a third country and to update the union list , taking into account the following : ### within three months of the date of publication of efsa ' s opinion , the commission shall submit a draft delegated act to authorise the placing on the market within the union of the traditional food from a third country and to update the union list , taking into account the following :


### a specification of the novel food ; ### a specification of the novel food and technological process ;


### on request by the applicant , supported by appropriate and verifiable information included in the application provided for in article 9 , newly developed scientific evidence or scientific data supporting the application may not be used for the benefit of a subsequent application during a period of five years from the date of the authorisation and the inclusion of the novel food in the union list without the agreement of the prior applicant . ### on request by the applicant , supported by appropriate and verifiable information included in the application provided for in article 9 , newly developed scientific evidence or scientific data supporting the application may not be used for the benefit of a subsequent application during a period of 10 years from the date of the authorisation and the inclusion of the novel food in the union list without the agreement of the prior applicant .


### where applicable , it shall take account of the views of member states , the efsa ' s opinion and any other legitimate factors relevant to the update under consideration . ### it shall take account of the views of member states , the efsa ' s opinion and any other legitimate factors relevant to the update under consideration .


### for removing a traditional food from a third country from the union list or for adding , removing or changing conditions , specifications or restrictions associated with the inclusion of a traditional food from a third country on the union list , articles 9 to 12 apply . ### articles 9 to 12 apply for removing a traditional food from a third country from the union list or for adding , removing or changing specifications , conditions of use , additional specific labelling requirements or post - market monitoring requirements associated with the inclusion of a traditional food from a third country on the union list .


### the procedure for authorising the placing on the market within the union of a novel food and updating the union list as provided for in article 8 shall end with the adoption of an implementing act in accordance with article 11 . ### the procedure for authorising the placing on the market within the union of a novel food and updating the union list as provided for in article 8 shall end with the adoption of a delegated act in accordance with article 11 .


### emerging technologies in food production processes may have an impact on food and thereby on food safety . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food or when foods contain or consist of engineered nanomaterials , as defined in article 2 of regulation no 1169 / 2011 of the european parliament and of the council16 . ____________________ 16 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulation no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directive 2002 / 67 / ec and 2008 / 5 / ec and commission regulation . ### emerging technologies in food production processes may have an impact on food and thereby on food safety . therefore , this regulation should further specify that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food or when foods contain or consist of engineered nanomaterials , as defined in article 2 of regulation no 1169 / 2011 of the european parliament and of the council16 . ____________________ 16 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulation no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directive 2002 / 67 / ec and 2008 / 5 / ec and commission regulation .


### within nine months from the date of publication of efsa ' s opinion , the commission shall submit to the committee referred to in article 27 a draft implementing act updating the union list taking account of : the conditions provided for in article 6 where applicable ; any relevant provisions of union law ; the efsa ' s opinion ; any other legitimate factors relevant to the application under consideration . that implementing act shall be adopted in accordance with the examination procedure referred to in article 27 . ### within six months from the date of publication of efsa ' s opinion , the commission shall submit to the committee referred to in article 27 a draft implementing act updating the union list taking account of : the conditions provided for in article 6 ; any relevant provisions of union law ; the efsa ' s opinion ; any other legitimate factors relevant to the application under consideration . that implementing act shall be adopted in accordance with the examination procedure referred to in article 27 .


### the commission , the member states and efsa shall take the necessary measures to ensure appropriate confidentiality of the information received by them under this regulation in accordance with paragraph 4 , except for information which is required to be made public in order to protect human health . ### the commission , the member states and the efsa shall take the necessary measures to ensure appropriate confidentiality of the information received by them under this regulation in accordance with paragraph 4 , except for information which is required to be made public in order to protect human health , the environment and animal health .


### where the commission has not requested an opinion from efsa in accordance with article 9 , the nine - month period provided for in paragraph 1 shall start from the date on which the commission received a valid application in accordance with article 9 . ### where the commission has not requested an opinion from efsa in accordance with article 9 , the six - month period provided for in paragraph 1 shall start from the date on which the commission received a valid application in accordance with article 9 .


### it is appropriate to authorise a novel food by updating the union list subject to the criteria and the procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use it is appropriate to provide for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . as the updating of the union list implies the application of criteria laid down in this regulation , implementing powers should be conferred on the commission in that respect . ### it is appropriate to authorise a novel food by updating the union list subject to the criteria and procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use the applicants should be able to opt for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . as the updating of the union list implies the application of criteria laid down in this regulation , implementing powers should be conferred on the commission in that respect .


### adding , removing or changing the conditions , specifications or restrictions associated with the inclusion of a novel food on the union list . ### adding , removing or changing the specifications , conditions of use , additional specific labelling requirements or post - market monitoring requirements associated with the inclusion of a novel food on the union list .


### the programme should also enhance the learning of languages , in particular through widened use of online tools , as e - learning offers additional advantages for language learning in terms of access and flexibility . ### the programme should also enhance the learning of languages , including sign languages , in particular through widened use of online tools , as e - learning offers additional advantages for language learning in terms of access and flexibility .


### for the gradual establishment of an area of freedom , security and justice , the union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions , which is a cornerstone of judicial cooperation within the union since the tampere european council of 15 and 16 october 1999 . mutual recognition requires a high level of mutual trust among member states . measures to approximate the laws of the member states in several areas have been adopted to facilitate mutual recognition and foster mutual trust . a well - functioning area of justice , where obstacles in cross - border judicial proceedings and access to justice in cross - border situations are eliminated , is also key to ensure economic growth . ### for the gradual establishment of an area of freedom , security and justice , the union is to adopt measures relating to judicial cooperation in civil and criminal matters based on the principle of mutual recognition of judgments and judicial decisions , which is a cornerstone of judicial cooperation within the union since the tampere european council of 15 and 16 october 1999 . mutual recognition requires a high level of mutual trust among member states . measures to approximate the laws of the member states in several areas have been adopted to facilitate mutual recognition and foster mutual trust . a well - functioning area of justice , where obstacles in cross - border judicial proceedings and access to justice in cross - border situations are eliminated , is also key to ensure economic growth and further integration .


### the commission should ensure overall consistency , complementarity and synergies with the work of union bodies , offices and agencies , such as eurojust , eu - lisa and the european public prosecutor office , and should take stock of the work of other national and international actors in the areas covered by the programme . ### the commission should ensure overall consistency , complementarity and synergies with the work of union bodies , offices and agencies , such as eurojust , eu - lisa , olaf and the european public prosecutor office , and should take stock of the work of other national and international actors in the areas covered by the programme .


### pursuant to article 67 tfeu , the union should constitute an area of freedom , security and justice with respect for fundamental rights , to which access to justice is instrumental . in order to facilitate effective access to justice , and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom , security and justice , it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners , as well as of civil society organisations , which contribute to these objectives . ### pursuant to article 67 tfeu , the union should constitute an area of freedom , security and justice with respect for fundamental rights , to which access to justice is instrumental . in order to facilitate effective access to justice , and with a view to foster the mutual trust which is indispensable for the good functioning of the area of freedom , security and justice , it is necessary to extend financial support to activities of other authorities than judicial authorities and legal practitioners , including civil society organisations and academia , which contribute to these objectives .


### respect for the rule of law is essential for a high level of mutual trust in the area of justice and home affairs , in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition . the rule of law is one of the common values enshrined in article teu 2 , and the principle of effective judicial protection provided for in articles 19 teu and 47 of the charter of fundamental rights is a concrete expression of the rule of law . promoting the rule of law by supporting the efforts to improve the independence , quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters . ### respect for the rule of law is essential for a high level of mutual trust in the area of justice and home affairs , in particular for effective judicial cooperation in civil and criminal matters which is based on mutual recognition . the rule of law is one of the common values enshrined in article teu 2 , and the principle of effective judicial protection provided for in articles 19 teu and 47 of the charter of fundamental rights is a concrete expression of the rule of law . promoting the rule of law by supporting the efforts to improve the independence , transparency , accountability , quality and efficiency of national justice systems enhances the mutual trust which is indispensable for judicial cooperation in civil and criminal matters .


### in order for suspects or accused persons who are deprived of liberty to be in a position to exercise effectively the right of access to a lawyer at the early stages of the proceedings , they should not have to wait for access to a lawyer pending the processing of the application for legal aid and the assessment of the eligibility criteria for legal aid . member states should therefore ensure that effective provisional legal aid is available without undue delay after the deprivation of liberty and before any questioning , and it should be available at least until the competent authority has taken the decision on legal aid and , in cases of full or partial rejection , this decision has become final , or , where the application for legal aid is granted , the appointment of the lawyer by the competent authority has taken effect . ### in order for suspects or accused persons who are deprived of liberty to be in a position to exercise effectively the right of access to a lawyer , member states should therefore ensure that provisional legal aid is available until the person concerned is released or until the competent authorities have taken a final decision on ordinary legal aid . exceptions should be made for the situations listed in article 2 .


### proposal for a directive of the european parliament and of the council on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in european arrest warrant proceedings ### proposal for a directive of the european parliament and of the council on legal aid for suspects or accused persons and legal aid in european arrest warrant proceedings


### three measures on procedural rights in criminal proceedings have been adopted to date , namely directive 2010 / 64 / eu of the european parliament and of the council14 , directive 2012 / 13 / eu of the european parliament and of the council15 and directive 2013 / 48 / eu of the european parliament and the council . 16 __________________ 14 directive 2010 / 64 / eu of the european parliament and of the council of 20 october 2010 on the right to interpretation and translation in criminal proceedings . 15 directive 2012 / 13 / eu of the european parliament and of the council of 22 may 2012 on the right to information in criminal proceedings 16 directive 2013 / 48 / eu of the european parliament and of the council of 22 october 2013 on the right of access to a lawyer in criminal proceedings and in european arrest warrant proceedings , and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty . ### three measures on procedural rights in criminal proceedings have been adopted to date , namely directive 2010 / 64 / eu of the european parliament and of the council14 on the right to interpretation and translation , directive 2012 / 13 / eu of the european parliament and of the council15 on the right to information , and directive 2013 / 48 / eu of the european parliament and of the council6 on the right to access to a lawyer . __________________ 14 directive 2010 / 64 / eu of the european parliament and of the council of 20 october 2010 on the right to interpretation and translation in criminal proceedings . 15 directive 2012 / 13 / eu of the european parliament and of the council of 22 may 2012 on the right to information in criminal proceedings 16 directive 2013 / 48 / eu of the european parliament and of the council of 22 october 2013 on the right of access to a lawyer in criminal proceedings and in european arrest warrant proceedings , and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty .


### requested persons in european arrest warrant proceedings who are deprived of liberty should have the right to provisional legal aid upon deprivation of liberty in the executing member state , at least until the competent authority has taken the decision on legal aid and , in cases of full or partial rejection , that decision has become final , or , where the application for legal aid is granted , the appointment of the lawyer by the competent authority has taken effect . ### requested persons in european arrest warrant proceedings who are deprived of liberty should have the right to provisional legal aid upon deprivation of liberty in the executing member state until they are released or until the competent authorities have taken a decision on ordinary legal aid . exceptions should be made for the situations listed in article 2 .


### the right to legal aid referred to in paragraphs 1 and 2 may be subject to an assessment of the means of the requested person and / or whether it is in the interests of justice to provide legal aid , according to the applicable eligibility criteria in the member state in question . ### the right to legal aid referred to in paragraphs 1 and 2 may be subject to an assessment of the means of the requested person in member states in which legal aid is subject to a means test and / or whether it is in the interests of justice to provide legal aid in member states in which legal aid is subject to a merits test , according to the applicable eligibility criteria in the member state in question .


### three measures on procedural rights in criminal proceedings have been adopted to date , namely directive 2010 / 64 / eu of the european parliament and of the council4 , directive 2012 / 13 / eu of the european parliament and of the council5 and directive 2013 / 48 / eu of the european parliament and the council6 . ________________ 4 . directive 2010 / 64 / eu of the european parliament and of the council of 20 october 2010 on the right to interpretation and translation in criminal proceedings . 5 . directive 2012 / 13 / eu of the european parliament and of the council of 22 may 2012 on the right to information in criminal proceedings 6 . directive 2013 / 48 / eu of the european parliament and of the council of 22 october 2013 on the right of access to a lawyer in criminal proceedings and in european arrest warrant proceedings , and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty . ### three measures on procedural rights in criminal proceedings have been adopted to date , namely directive 2010 / 64 / eu of the european parliament and of the council4 on the right to interpretation and translation , directive 2012 / 13 / eu of the european parliament and of the council5 on the right to information and directive 2013 / 48 / eu on the right to access to a lawyer . ________________ 4 . directive 2010 / 64 / eu of the european parliament and of the council of 20 october 2010 on the right to interpretation and translation in criminal proceedings . 5 . directive 2012 / 13 / eu of the european parliament and of the council of 22 may 2012 on the right to information in criminal proceedings


### in order for suspects or accused persons who are deprived of liberty to be in a position to exercise effectively the right of access to a lawyer at the early stages of the proceedings , they should not have to wait for access to a lawyer pending the processing of the application for legal aid and the assessment of the eligibility criteria for legal aid . member states should therefore ensure that effective provisional legal aid is available without undue delay after the deprivation of liberty and before any questioning , and it should be available at least until the competent authority has taken the decision on legal aid and , in cases of full or partial rejection , this decision has become final , or , where the application for legal aid is granted , the appointment of the lawyer by the competent authority has taken effect . ### in order for suspects or accused persons to be in a position to exercise effectively the right of access to a lawyer as defined in directive 2013 / 48 / eu at the early stages of the proceedings , they should not have to wait for access to a lawyer pending the processing of the application for ordinary legal aid and the assessment of the eligibility criteria for ordinary legal aid . member states should therefore ensure that effective provisional legal aid is available without undue delay in accordance with that directive and it should be available until the competent authority has taken a decision on ordinary legal aid and , in cases of full or partial rejection , this decision has become final , or , where the application for ordinary legal aid is granted , the appointment of the lawyer by the competent authority has taken effect . for the purpose of this directive , a decision on ordinary legal aid is considered to be final when any right to appeal or review with respect to that decision has been exhausted .


### this directive sets minimum rules . member states may extend the rights set out in this directive in order to provide a higher level of protection . such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate . the level of protection should never fall below the standards provided by the charter or the echr , as interpreted in the case - law of the court of justice and of the ecthr . ### this directive sets minimum rules . member states may extend the rights set out in this directive in order to provide a higher level of protection . such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate . the level of protection should never fall below the standards provided by the charter or the echr , as interpreted in the case - law of the court of justice and of the ecthr . under no circumstances may this directive be interpreted as restricting the rights and guarantees afforded by national legal systems which offer a higher level of protection .


### provisional legal aid shall be ensured until the final decision on legal aid has been taken and comes into effect , or , where the suspects or accused persons are granted legal aid , the appointment of the lawyer has taken effect . ### provisional legal aid shall be ensured until the person concerned is set free or a final decision on ordinary legal aid is made by the responsible authorities :


### the member states should collect data showing how the right to legal aid for suspects or accused persons and requested persons have been accessed . member states should also collect data on the number of cases where provisional legal aid was provided for suspects or accused persons deprived of liberty , as well as for requested persons , and the number of cases where this right was not exercised . such data should include the number of requests for legal aid in european arrest warrant proceedings when the member state acts as issuing and executing state , as well as the number of cases where these requests were granted . data on the costs for providing provisional legal aid for persons deprived of liberty and for requested persons should also be collected . ### the member states should collect relevant data showing how the right to legal aid for suspects or accused persons and requested persons has been exercised .


### requested persons in european arrest warrant proceedings who are deprived of liberty should have the right to provisional legal aid upon deprivation of liberty in the executing member state , at least until the competent authority has taken the decision on legal aid and , in cases of full or partial rejection , that decision has become final , or , where the application for legal aid is granted , the appointment of the lawyer by the competent authority has taken effect . ### requested persons in european arrest warrant proceedings have the right to provisional legal aid in the executing member state upon arrest pursuant to the european arrest warrant , until the competent authority has taken a decision on ordinary legal aid and , in cases of full or partial rejection , this decision has become final , or , where the application for ordinary legal aid is granted , the appointment of the lawyer by the competent authority has taken effect .


### eurojust ' s competence shall cover the forms of crime listed in annex 1 . however , its competence shall not include the crimes for which the european public prosecutor ' s office is competent . ### eurojust ' s competence shall cover the forms of crime listed in annex i . with regard to forms of crime for which the european public prosecutor ' s office exercises its competence eurojust shall only exercise its competences within its respective mandate avoiding any overlap with action taken by the european public prosecutor ' s office . however , eurojust shall exercise its competences in cases involving member states which do not participate in enhanced cooperation on the establishment of the european public prosecutor ' s office and at the request of those member states or at the request of the european public prosecutor ' s office . the practical details on the exercise of competence in accordance with this paragraph shall be regulated by a working arrangement referred to in article 38 .


### on request of a competent authority eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for , and decisions on , judicial cooperation , including those based on instruments giving effect to the principle of mutual recognition , provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned . the opinion shall be promptly forwarded to the member states concerned . ### on request of a competent authority or on its own initiative , eurojust shall take a decision on recurrent refusals or difficulties concerning the execution of requests for , and decisions on , judicial cooperation , including those based on instruments giving effect to the principle of mutual recognition , provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned . the decision shall be promptly forwarded to the member states concerned .


### since the european public prosecutor ' s office should be established from eurojust , this regulation includes the provisions necessary to regulate the relations between eurojust and the european public prosecutor ' s office . ### considering that the eppo is established by enhanced cooperation , the regulation implementing enhanced cooperation on the establishment of the european public prosecutor’s office is binding in its entirety and only directly applicable to member states which participate in enhanced cooperation . therefore , for those member states not participating in the european public prosecutor’s office , eurojust remains fully competent for forms of crime listed in annex i to this regulation .


### where two or more member states cannot agree on which of them should undertake an investigation or prosecution following a request made under point of paragraph 2 , eurojust shall issue a written opinion on the case . the opinion shall be promptly forwarded to the member states concerned . ### where two or more member states cannot agree on which of them should undertake an investigation or prosecution following a request made under point of paragraph 2 , eurojust shall take a decision on the case . the decision shall be promptly forwarded to the member states concerned .


### since the european public prosecutor ' s office should be established from eurojust , this regulation includes the provisions necessary to regulate the relations between eurojust and the european public prosecutor ' s office . ### since the european public prosecutor ' s office should be established from eurojust , this regulation includes the provisions necessary to regulate the relations between eurojust and the european public prosecutor ' s office . however , as the european public prosecutor’s office is being established through enhanced cooperation , the regulation implementing enhanced cooperation on the establishment of the european prosecutor’s office is binding and directly applicable solely in respect of those member states participating in that enhanced co - operation . for those member states not participating in the european public prosecutor’s office , eurojust remains fully competent for the forms of serious crime listed in annex i to this regulation .


### the commission and the european parliament shall ensure a balanced representation of relevant public and private interests . ### the european parliament shall ensure a balanced representation of relevant stakeholders , including public and private interests , as well as the representation of institutions and advisory bodies of the union , in order to encourage an inclusive public debate on the proposed initiative .


### the commission shall make available an online collaborative platform providing citizens and groups of organisers with a discussion forum and information and advice about the european citizens’ initiative . ### the commission shall make available an online collaborative platform providing citizens and groups of organisers with a discussion forum and information and advisory services about the european citizens’ initiative . the commission shall engage regularly with the eci organisers through the collaborative platform . all advisory services shall be available in formats accessible to persons with disabilities , in a timely manner , free of charge .