Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on transparent and predictable working conditions in the European Union
Date: 2017-12-21
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: EU employment policy, collective agreement, dismissal, probationary period, work contract, worker information, working conditions

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   EUROPEAN COMMISSION  Brussels, 21.12.2017  COM(2017) 797 final 2017/0355 (COD)  Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on transparent and predictable working conditions in the European Union {SWD(2017) 478 final} - {SWD(2017) 479 final}  
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The world of work has evolved significantly since the adoption of Directive 91/533/EEC on 
an employer's obligation to inform employees of the conditions applicable to the contract or 
employment  relationship  ("Written  Statement  Directive").  The  last  25  years  have  brought 
about  a  growing  flexibilisation  of  the  labour  market.  In  2016  a  quarter  of  all  employment 
contracts  were  for "non-standard"  forms  of  employment  and  in  the last  ten  years more  than 
half  of  all  new  jobs  were  "non-standard".1  Digitalisation  has  facilitated  the  creation  of  new 
forms of employment whereas demographic changes have resulted in a greater diversity of the 
working population. The flexibility coming with new forms of employment has been a major 
driver of job creation and labour market growth. Since 2014, more than five million jobs have 
been  created,  of  which  almost  20%  in  new  forms  of  employment.  The  adaptability  of  new 
forms of employment to changes in the economic context has enabled new business models to 
develop, including in the collaborative economy, and has offered entry into the labour market 
to people who previously would have been excluded. The employment level in the EU is an 
all-time high, with 236 million men and women employed.  

However,  these  trends  have  also  led  to  instability  and  an  increased  lack  of  predictability  in 
some  working  relationships,  especially  for  workers  in  the  most  precarious  situations. 
Inadequate legal frameworks can subject workers in non-standard employment to unclear or 
unfair practices and make it difficult to enforce their rights. Between 4 and 6 million workers 
are  on  on-demand  and  intermittent  contracts,  many  with  little  indication  when  and  for  how 
long they will work. Up to 1 million are subject to exclusivity clauses, preventing them from 
working for another employer.2 Only a quarter of temporary workers transition to a permanent 
post,  and  the  rate  of  involuntary  part-time  had  reached  some  28%  by  2016.3  More  flexible 
work arrangements can create uncertainty as to applicable rights.4  

In  response  some  Member  States  have  put  in  place  new  regulations  and  national  social 
partners  have  developed  new  collective  agreements,  leading  to  an  increasingly  diverse 
regulatory system across the EU. This increases the risk of competition based on undercutting 
social  standards,  which  has  harmful  consequences  also  for  employers,  who  are  subject  to 
unsustainable  competitive  pressure,  and  for  Member  States,  who  forego  tax  revenue  and 
social  security  contributions.  The  challenge  is  to  ensure  that  dynamic  innovative  labour 
markets underpinning EU's competitiveness are framed in a way that offers basic protection to 
all workers, longer-term productivity gains for employers and allows for convergence towards 
better living and working conditions across the EU.  

This  initiative  is  one  of  Commission's  key  actions  to  follow  up  on  the  European  Pillar  of 
Social  Rights,  jointly  proclaimed  by  the  European  Parliament,  the  Council  and  the 
Commission at the Social Summit for Fair Jobs and Growth in Gothenburg on 17 November 

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Non-standard work includes permanent part-time and temporary full-time and part-time. 
"Study to support Impact Assessment on the Review of the Written Statement Directive" by Centre for 
Strategy and Evaluation Services and Public Policy and Management Institute. 
EU Labour Force Survey (EU-28, 2016). 
Commission  Communication  A  European  Agenda  for  the  Collaborative  Economy  COM(2016)356 
final. 

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2017.5  The  Pillar  serves  as  a  compass  for  the  renewed  upwards  convergence  in  social 
standards  in  the  context  of  the  changing  realities  of  the  world  of  work.  This  Directive 
contributes  mainly  to  the  Pillar's  Principle  5  on  "Secure  and  adaptable  employment"  and 
Principle  7  on  "Information  about  employment  conditions  and  protection  in  case  of 
dismissals".6  The  initiative  was  announced  in  the  Letter  of  Intent  of  President  Juncker  and 
First  Vice-President  Timmermans  of  13  September  2017  and  is  part  of  the  Commission's 
Work Programme.  

The  proposal  addresses  two  interlinked  challenges.  Firstly,  the  evaluation  of  Directive 
91/533/EEC  conducted  under  the  Commission's  Regulatory  Fitness  and  Performance 
Programme  (REFIT)7  identified  weaknesses  in  the  personal  and  material  scope  of  the 
Directive  and  indicated  how  its  effectiveness  could  be  improved.  Secondly,  the  public 
consultation on the European Pillar of Social Rights8 highlighted gaps between the current EU 
social acquis and recent developments on the labour market. This was also emphasised in the 
European  Parliament's  Resolution  of  January  2017  on  the  Pillar.  The  Parliament  called  to 
extend  existing  minimum  standards  to  new  kinds  of  employment  relationships,  improve 
enforcement  of  EU  law,  increase  legal  certainty  across  the  single  market,  and  prevent 
discrimination  by  complementing  existing  EU  law  to  ensure  for  every  worker  a  core  set  of 
enforceable  rights,  regardless  of  the  type  of  contract  or  employment  relationship.9  The 
Resolution of the European Parliament on working conditions and precarious employment of 
July 2017 calls on the Commission to revise the Written Statement Directive to take account 
of  new  forms  of  employment.10  The  European  Economic  and  Social  Committee  and  the 
Committee  of  the  Regions  in  their  Opinions  on  the  Pillar  highlighted  gaps  in  protection  for 
workers and the need to act at EU level to set a framework for fair working conditions and to 
strike a balance between flexibility and security.11  

On 26 April 2017 and 21 September 2017, respectively, the Commission launched two phases 
of  the  consultation  of  the  European  social  partners  on  the  possible  direction  and  on  the 
contents of Union action as provided for under Article 154 of the Treaty on the Functioning of 
the  European  Union  (TFEU).12  The  social  partners  did  not  initiate  the  process  of  dialogue 
with  the  aim  of  establishing  contractual  relations,  including  agreements,  on  the  topic  as 
provided  for  in  Article  155  TFEU.  Building  on  the  views  expressed  in  the  social  partners' 
consultation, the Commission is bringing forward this proposal for a Directive in accordance 
with the provisions of the TFEU.  

The general objective  of the proposed Directive is to promote more secure and  predictable 
employment  while  ensuring  labour  market  adaptability  and  improving  living  and  working 
conditions.  

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http://data.consilium.europa.eu/doc/document/ST-13129-2017-INIT/en/pdf 
Principle  7  "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 on probation period…" 
REFIT Evaluation of the 'Written Statement Directive' (Directive 91/533/EEC), SWD(2017)205 final.  
Report of the public consultation, accompanying the document Communication from the Commission to 
the  European  Parliament,  the  Council,  the  European  Economic  and  Social  Committee  and  the 
Committee of the Regions - Establishing a European Pillar of Social Rights, SWD(2017)206 final.  
European Parliament resolution of 19 January 2017 on a European Pillar of Social Rights. 
European Parliament resolution of 4 July 2017 on working conditions and precarious employment.  
Opinion SOC/542 of the European Economic and Social Committee of 25 January 2017. Committee of 
the Regions, Opinion on the European Pillar of Social Rights, 11 October 2017. 
C(2017)2611 final and C(2017)6121 final. 

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The specific objectives through which the general objective would be addressed are: 

(1) to improve workers' access to information concerning their working conditions; 

(2)  to  improve  working  conditions  for  all  workers,  notably  those  in  new  and  non-standard 
employment, while preserving scope for adaptability and for labour market innovation; 

(3) to improve compliance with working conditions standards through enhanced enforcement; 
and 

(4) to improve transparency on the labour market while avoiding the imposition of excessive 
burdens on undertakings of all sizes. 

The  proposed  Directive will  replace  the  Written  Statement  Directive  with  a  new  instrument 
that  ensures  transparency  about  working  conditions  for  all  workers  and  defines  new 
substantive  rights  to  improve  predictability  and  security  of  working  conditions,  particularly 
for those in precarious employment. It does so through the provision in Chapter II of updated 
essential  information  about  the  employment  relationship  to  all  workers  in  the  Union, 
including  the  estimated  2-3  million  currently  excluded  from  the  scope  of  the  Written 
Statement Directive, which leaves the notion of "employee" and "employment relationship" to 
be  defined  by  Member  States'  law.  The  personal  scope  of  the  Directive  will  be  clarified  by 
defining  a  notion  of  "worker"  based  on  established  case-law  of  the  Court  of  Justice  of  the 
European  Union  (CJEU)  for  determining  worker  status,  and  extended  by  reducing  the 
possibilities  for  Member  States  to  exclude  workers  in  short  or  casual  employment 
relationships.  A  new  set  of  minimum  requirements  in  Chapter  III  establishes  a  limit  to  the 
duration  of  any  probationary  period,  a  general  rule  that  a  worker  cannot  be  prevented  from 
taking  up  work  with  another  employer  outside  the  work  schedule,  rights  to  greater 
predictability  of  working  time  and  reasonable  advance  notice  for  those  on  variable  work 
schedules,  a  possibility  to  request  a  transition  to  a  more  predictable  and  secure  form  of 
employment,  and  a  right  to  mandatory  training  without  cost.  The  rights  are  underpinned  by 
provisions  that  address  weaknesses  in  the  enforcement  of  Directive  91/533/EEC  and  adapt 
enforcement measures from other elements of the EU social acquis which address comparable 
situations.13  

Rather than addressing a particular type of employment, as is done in the Directives on part-
time  or  fixed-term  or  temporary  agency  work,14  the  proposed  Directive  will  ensure  a  basic 
level  of  universal  protection  across  existing  and  future  contractual  forms.  Such  a  Directive 
will  be  a  more  effective  instrument  than  separate  legislative  initiatives  targeted  at  specific 
forms of employment that may easily become superseded by the rapid pace of changes on the 
labour  market.  The  proposed  Directive  should  set  the  legal  framework  for  a  future  positive 
development of  new adaptable forms of employment.   

This proposal is expected to offer a range of benefits. All workers, including those in short-
term  and  casual  employment  relationships,  will  benefit  from  clarity  about  their  working 
conditions and new minimum standards. While possibly losing some flexibility at the margin, 
employers  are  expected  to  benefit  from  more  sustainable  competition  with  greater  legal 

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Directive  2006/54/EC  (on  the  implementation  of  the  principle  of  equal  opportunities  and  equal 
treatment of men and women in matters of employment and occupation (recast)), Directive 2000/43/EC 
(implementing the principle of equal treatment between persons irrespective of racial or ethnic origin), 
and  Directive  2000/78/EC  (establishing  a  general  framework  for  equal  treatment  in  employment  and 
occupation). 
Council  Directive  97/81/EC  (Part-Time  Work),  Council  Directive  1999/70/EC  (Fixed-Term  Work), 
Directive 2008/104/EC (Temporary Agency Work). 

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certainty  and  from  a  more  motivated  and  productive  workforce,  with  increased  contractual 
stability  and  retention.  Society  at  large  would  benefit  from  a  wider  base  for  taxation  and 
social security contributions.  

 

Consistency with existing provisions in the policy area 

The proposed Directive complements the following acts of EU secondary legislation : 

Directive 96/71/EC on the posting of workers in the framework of the provision of services 

Article  6  of  the  proposed  Directive  specifies  the  written  information  that  must  be 
provided  to  workers  being  sent  abroad,  including  those  being  posted  to  another  EU 
Member  State,  drawing  on  the  relevant  provisions  of  Directive  96/71/EC,  as 
recommended in the REFIT evaluation.  

Council Directive  97/81/EC  on part-time work and Council  Directive 1999/70/EC on fixed-
term work 

Article 10 of the proposed Directive complements provisions of those two directives 
aimed  specifically  at  part-time  workers  and  fixed-term  workers,  establishing  the 
possibility  for  a  worker  to  request a  form  of  employment  with  more  predictable  and 
secure working conditions, where available, and to receive a written response from the 
employer.  

Directive 2008/104/EC on temporary agency work 

The  REFIT  evaluation  found  that  the  Written  Statement  Directive  could  take  better 
account  of  Directive  2008/104/EC  by  explicitly  covering  agency  workers  and 
specifying  that  the  user  undertaking  has  the  obligation  to  inform  the  agency  worker 
directly on the conditions of employment. This is reflected in Article 2 of the proposed 
Directive,  which  sets  out  criteria  for  defining  worker  and  employer  status  and  in 
Article 1 which specifies that the functions of employer may be fulfilled by more than 
one entity.  

In addition, the provisions in Chapter III of the proposed Directive support the achievement of 
an  organisation  of  working  time  protective  of  safety  and  health  of  workers,  addressed  by 
Directive 2003/88/EC concerning certain aspects of working time. 

As  regards  trainees,  the  Commission  notes  that  they  are  already  subject  to  protection  under 
the Council Recommendation of 10 March 2014 on a Quality Framework on traineeships. The 
Commission has proposed a similar framework for apprentices.15  

The  enforcement  provisions  contained  in  Articles  13  to  18  of  the  proposed  Directive  are 
derived from, and complement, provisions in the existing EU social acquis as detailed in the 
section describing the articles of the proposed Directive. 

 

Consistency with other Union policies 

The  proposed  Directive  contributes  to  implementing  the  following  Principles  set  out  in  the 
European Pillar of Social Rights: 

Principle  1:  Education,  training  and  lifelong  learning.  The  information  requirements  in 
Article 3 are extended to cover training provided by the employer and Article 11 requires the 

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COM(2017)563 final. 

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Member  States  to  ensure  that  employers  provide  cost-free  mandatory  training  to  their 
workers, as required in relevant Union or national legislation or collective agreements. 

Principle  2:  Gender  equality.  The  workforce  engaged  in  new  and  non-standard  forms  of 
employment, who would particularly benefit from the material rights created in Chapters III 
to  VI  of  the  proposed  Directive,  is  predominantly  female.16  The  Directive  will  therefore 
contribute  to  the  Principle  of  improving  equality  of  treatment  and  opportunities  regarding 
participation in the labour market.  

Principle  5:  Secure  and  adaptable  employment.  The  extension  of  scope  of  the  proposed 
Directive set out in Articles 1 and 2 addresses the Principle that workers have a right to fair 
and  equal  treatment  regarding  working  conditions,  access  to  social  protection  and  training 
"regardless of the type and duration of the employment relationship". The overall content of 
the proposed Directive is intended to  strike a balance between enhancing rights for workers 
and  maintaining  the  "necessary  flexibility  for  employers  to  adapt  swiftly  to  changes  in  the 
economic  context"  referred  to  in  Principle  5(b),  including  by  allowing  the  possibility  for  
modifications  to  the  minimum  requirements  on  working  conditions  by  means  of  collective 
agreements (Article 12). The proposed Directive also addresses Principle 5(d): "Employment 
relationships  that  lead  to  precarious  working  conditions  shall  be  prevented,  including  by 
prohibiting  abuse  of  atypical  contracts.  Any  probation  period  should  be  of  reasonable 
duration."  The  new  material  rights  to  increased  predictability,  to  request  a  new  form  of 
employment, as well as the limitations on the use of exclusivity clauses and incompatibility 
clauses address the first part. Setting a six-month limit for probationary periods addresses the 
second.  

Principle 7:  Information about employment conditions and protection in case of dismissals. 
The  proposed  Directive  reinforces  the  current  obligation  to  provide  written  information,  by 
extending  and  updating  the  scope  of  the  information  to  be  provided  as  a  minimum,  and  by 
reducing  the  deadline  for  its  provision  from  2  months  to  the  first  day  of  the  employment 
relationship, so addressing the element of Principle 7(a) that the information must be provided 
"at the start of employment." 

Principle 8: Social dialogue and involvement of workers. Social partners were consulted under 
Article  154  TFEU  on  the  possible  scope  of  Union  action  to  revise  the  Written  Statement 
Directive,  and  their  responses  were  taken  into  account  in  the  development  of  the 
Commission's  proposal.  Article  12  of  the  proposed  Directive  provides  flexibility  for  the 
minimum requirements set out in Chapter III to be varied by collective agreement, as long as 
the result respects the overall protection afforded by the proposed Directive. 

Other  initiatives  contributing  to  the  implementation  of  the  European  Pillar  of  Social  Rights 
are  closely  related  to  and  complementary  to  this  proposed  Directive,  notably  the  legislative 
proposal on work-life balance of parents and carers (COM(2017)253 final), a social partners' 
consultation on access to social protection for workers and the self-employed (C(2017)2610 
final  and  C(2017)7773  final),  and  an  interpretative  communication  on  working  time 
(C(2017)2601 final). The proposal for a Directive on work-life balance for parents and carers 
introduces  a  right  for  workers  with  children  up  to  at  least  12  years  old,  to  request  flexible 
working  arrangements  for  caring  purposes;  employers  then  have  a  duty  to  consider  and 
respond to requests for flexible working arrangements, taking into account the needs of both 

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EU Labour Force Survey (EU-28, 2016). 

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employers  and  workers,  and  to  justify  any  refusal  of  such  a  request.  Employers  would  also 
have  the  obligation  to  consider  and  respond  to  requests  to  return  to  the  original  working 
pattern.  The  proposed  Directive  on  transparent  and  predictable  working  conditions  would 
complement this  by creating a possibility for workers to request a more secure, rather than a 
more flexible, form of work.  

Finally,  account  has  been  taken  of  the  proposal  on  the  revision  of  the  posting  of  workers 
Directive  (COM(2016)128  final)  and  of  the  proposals  made  under  the  transport  "mobility 
package" of 31 May 2017, in particular the proposed specific rules concerning the posting of 
drivers in the road transport sector (COM(2017)278 final). 

2. 

 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  proposal  is  based  on  Article  153(2)(b)  TFEU,  which  provides  for  the  adoption  of 
directives setting minimum requirements with respect to, inter alia, "working conditions" as 
set  out  in  Article  153(1)(b)  TFEU,  while  avoiding  imposing  administrative,  financial  and 
legal constraints in a way which would hold back the creation and development of small and 
medium-sized undertakings. 

 

Subsidiarity 

Information obligations relating to working conditions have been established at EU level by 
Directive 91/533/EEC. The REFIT evaluation of that Directive has confirmed that EU-level 
action in this area remains necessary, in line with the principle of subsidiarity. Amendments 
are necessary to bring that Directive into line with developments on the labour market since 
its adoption in 1991, and to address the shortcomings identified in the REFIT evaluation.  

The additional material rights created in Chapter III are justified at EU level insofar as action 
solely  by  Member  States  in  response  to  new  and  non-standard  forms  of  employment  would 
not  necessary  have  the  same  level  of  protection  in  terms  of  transparency  and  predictability 
and would risk increasing divergences between Member States with potential competition on 
the  basis  of  social  standards.  Business  would  therefore  continue  to  compete  on  an  uneven 
playing field, which would hamper the operation of the internal market.  

The  proposed  Directive  is  based  on  a  minimal  degree  of  harmonisation  of  Member  State 
systems which respects Member States' competences to set higher standards and provides the 
possibility for social partners to vary the mix of material rights and obligations by collective 
agreement. In line with Article 153(2)(b) TFEU, it will support and complement the activities 
of the Member States through minimum requirements for gradual implementation.  

 

Proportionality 

The  proportionality  principle  is  fully  respected  as  the  scope  of  the  proposal  is  limited  to 
ensuring  the  provision  of  consistent  information  to  workers  about  their  working  conditions, 
and  to  ensuring  basic  rights  for  workers,  the  absence  of  which  could  create  a  race  to  the 
bottom in social standards. The proposed Directive includes measures for mitigating burdens 
and supporting compliance. As indicated in the Impact Assessment, the costs are reasonable 
and  justified  in  light  of  the  accrued  and  longer-term  benefits  in  terms  of  more  secure 
employment,  increased  productivity  and  simplified  procedures  for  both  workers  and 
employers, matching the wider social ambitions of the EU.  

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The  proposal  leaves  the  Member  States  the  option  of  keeping  or  setting  more  favourable 
standards for workers and taking into account features specific to their national situations, and 
allows  for  modifications  in  the  composition  of  the  material  rights  by  means  of  collective 
agreements.  As  a  consequence,  it leaves  room  for  flexibility  as  regards  the  choice  of  actual 
implementing measures. 

 

Choice of the instrument 

Article 153(2)(b) in combination with 153(1)(b) TFEU foresees explicitly that Directives are 
the  legal  instrument  to  be  used  for  establishing  minimum  requirements  concerning  working 
conditions to be gradually implemented by Member States.  

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

 
A  REFIT  evaluation  of  the  Written  Statement  Directive  was  published  in  April  2017.17  It 
concluded that the Directive is considered relevant by all stakeholders and that compliance 
with the Directive in Member States and across sectors is medium to high. The Directive has 
been  to  a  significant  extent  effective  in  reaching  its  objectives.  Its  effectiveness  could  be 
further  enhanced  through  a  revision  of  its  scope  to  ensure  a  broader  coverage  of  workers, 
including  those  in  new  forms  of  employment,  shortening  the  two-month  deadline  for 
providing  information  to  workers  and  improving  enforcement  by  revising  the  means  of 
redress and sanctions in cases of non-compliance. Regarding efficiency, the transposition of 
the Directive does not appear to have significantly increased costs for companies. On external 
coherence,  there  is  scope  for  further  convergence  with  the  rules  covering  posted  workers, 
temporary agency workers and trainees. 

The  evaluation  further  confirmed  that  the  Directive  brings  clear  EU  added  value.  Having 
minimum  standards  at  EU  level  on  information  to  employees  is  essential  as  it  increases 
certainty  for  both  employers  and  employees  and  prevents  a  detrimental  race  to  the  bottom 
between  Member  States  in  terms  of  working  conditions.  It  also  increases  predictability  for 
businesses and facilitates the mobility of workers within the internal market.  

 

Stakeholder consultations 

Between 26 January and 20 April 2016, the Commission carried out a public consultation on 
the  Written  Statement  Directive.  A  summary  of  these  responses  is  annexed  to  the  REFIT 
evaluation.  

An  open  public  consultation  on  the  Commission's  proposal  for  a  European  Pillar  of  Social 
Rights ran from March to December 2016. As this public consultation clearly revealed,18 there 
is a growing need to define and apply appropriate rights for many workers in new and non-
standard  forms  of  employment  relationships.  Such  contractual  arrangements  are  creating 
opportunities for people to enter or remain in the labour market and the flexibility they offer 
can be a matter of personal choice. However, inadequate regulation means that many people 

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SWD(2017)206 final, pages 18-21. 

SWD(2017)205 final. 
See  launching  Communication  COM(2016)127  final  and  Report  of  the  public  consultation 

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in  work  are  stuck  in  legal  loopholes,  which  may  make  them  subject  to  unclear  or  unfair 
practices and make it difficult to enforce their rights.  

Pursuant to Article 154 TFEU, the Commission undertook a two-phase consultation with the 
social partners on a possible revision of the Written Statement Directive.  

The  views  of  the  social  partners  were  mixed  on  the  need  for  legislative  action  to  revise 
Directive 91/533/EEC and there was no agreement among social partners to enter into direct 
negotiations to conclude an agreement at Union level.  

In both phases trade unions were in favour of clarifying and broadening the personal scope 
of the Directive, in particular through removing exclusions from personal scope and including 
criteria  to  assist  with  identifying  the  existence  of  an  employment  relationship.  In  addition, 
they argued for the inclusion of self-employed in the scope of application. With regard to the 
information  package,  trade  unions  agreed  with  the  list  suggested  in  the  Commission's 
consultation document and argued for further additions to the package. They called for written 
statements to be provided prior to the start of the work or immediately on signing the contract. 
The need to improve access to sanctions and means of redress was acknowledged, including 
by calling for the introduction of a presumption of employment in case the employer fails to 
provide  a  written  statement.  Finally,  they  were  strongly  in  favour  of    new  minimum  rights 
aimed  at  improving  transparency  and  predictability  of  working  conditions.  They  however 
requested more rights than those presented in the second consultation document including a 
complete ban on forms of contractual arrangements not guaranteeing workers a minimum of 
paid hours and a right to adequate remuneration.  

In both phases employers’ organisations opposed the extension of the scope of application of 
the  Directive  and  the  insertion  of  a  definition  of  worker,  based  on  concerns  related  to 
flexibility for business and job creation potential as well as to subsidiarity. A majority did not 
support  amending  the  information  package  nor  reducing  the  2  months'  deadline.  No 
organisation supported changes at EU level to the system of redress and sanctions. With very 
limited  exceptions,  employer  organisations  were  opposed  to  the  inclusion  of  new  minimum 
rights in a revised Directive. For that reason, they preferred not to express views on specific 
minimum rights set out in the consultation document, arguing that such issues were a matter 
of  national  competence  and  that  it  was  not  necessary,  or  even  contrary  to  the  principle  of 
subsidiarity, for the EU to act in these fields. 

 

Collection and use of expertise  

The Commission awarded a contract for the analysis of the costs and benefits of possible EU 
measures  contained  in  a  revised  Directive.  It  has  also  reviewed  some  principal  sources  of 
analysis and data concerning new and non-standard employment, notably those compiled by 
the  European  Parliament,19  the  European  Foundation  for  the  Improvement  of  Living  and 
Working  Conditions  (Eurofound),20  the  International  Labour  Organisation  (ILO),21  and  the 
Organisation for Economic Cooperation and Development (OECD).22  

19 

20 

21 

22 

European  Parliament,  Policy  Department  A,  (2016)  Precarious  Employment:  Patterns,  Trends  and 
Policy Strategies in Europe. 
Eurofound (2015), New forms of employment, Publications Office of the European Union, Luxembourg; 
Eurofound (2017), Aspects of non-standard employment in Europe, Eurofound, Dublin 
Non-standard  employment  around 
International Labour Office – Geneva: ILO. 2016. 
OECD Employment Outlook 2014, "Non-regular employment, job security and labour market divide". 

the  world:  Understanding  challenges,  shaping  prospects 

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 

Impact assessment 

The  Impact  Assessment  was  discussed  with  the  Regulatory  Scrutiny  Board  (RSB)  on  29 
November  2017.  The  RSB  issued  a  positive  opinion  with  comments,  which  have  been 
addressed by further clarifying the scope, the choice of options and expected benefits of this 
initiative  and  explaining  how  potential  unintended  consequences  of  the  initiative  could  be 
mitigated.23  

The  combination  of  measures  put  forward  in  this  proposal  was  assessed  in  the  Impact 
Assessment  as  the  most  effective,  efficient  and  coherent.  The  quantitative  analysis  of  the 
preferred  combination  of  measures  shows  that  a  substantial  improvement  of  working  and 
living  conditions  is  expected.  Most  notably,  at  least  2-3  million  non-standard  workers  will 
enter  into  the  scope  of  the  Directive.  Enhanced  predictability  for  some  4-7  million  workers 
should  have  a  positive  impact  on  work-life  balance  and  health.  Some  14  million  workers 
might  request  a  new  form  of  work.  Lack  of  exclusivity  clauses  will  allow  some  90,000-
360,000  on-demand  workers  to  seek  additional  work  and  earn  355-1,424  million  EUR  per 
year  extra.  Workers'  right  to  receive  cost-free  mandatory  training  would  be  confirmed  and 
they  would  have  easier  access  to  redress.  Employers  would  benefit  from  more  sustainable 
competition,  increased  legal  certainty  and  an  overall  improvement  in  transparency  in  the 
labour  markets.  Non-quantified  benefits  for  employers  include  higher  retention  and  loyalty, 
improved  worker  relations,  fewer  complaints  and  court  cases,  better  resource  planning, 
contributing to an overall increase in productivity.  

The  expected  costs  of  the  preferred  combination  of  options  are  for  employers:  the  cost  of 
issuing a new or revised written statement is expected to be 18-153 EUR for SMEs and 10-45 
EUR for larger companies. Companies would also have one-off costs related to familiarisation 
with the new Directive: an average of 53 EUR for an SME and 39 EUR for a larger company. 
Costs of responding to requests for a new form of employment are expected to be similar to 
those deriving from issuing a new written statement. Employers anticipate also some modest 
indirect  costs  (legal  advice,  revised  scheduling  systems,  HR  management  time,  information 
for staff). Flexibility will only be lost at the margin (i.e. for the small proportion of employers 
making extensive use of the most flexible forms of employment). The preferred combination 
of  options  takes  into  account  unintended  effects  and  includes  mitigating  measures.  No 
significant  aggregate  impacts  on  wages  are  expected,  though  reduced  underemployment, 
lower  incidence  of  exclusivity  clauses  and  more  predictable  working  conditions  can  be 
expected  to  allow  increased  individual  earnings.  No  costs  are  expected  to  be  incurred  by 
workers. 

The specific impacts per Member State would depend on a number of factors, including the 
extent  of  necessary  legislative  adjustments,  the  incidence  of  non-standard  forms  of 
employment,  and  the  broader  socioeconomic  context.  Overall,  benefits  can  be  expected  in 
terms  of  a  reduction  in  undeclared  work  as  the  proposed  measures  will  facilitate  inspection 
and enforcement. At EU level, the value of undeclared work brought into formal economy is 
estimated at 40-120 million EUR per year. Associated benefits could amount to 8-25 million 
EUR  annually  in  increased  tax  revenues  and  4-24  million  EUR  annually  in  reduced  social 
security payments. There could also be an increase of some 46-185 million EUR per year in 
tax  revenues  as  on-demand  workers  will  be  able  to  seek  additional  employment.  Non-
quantified  benefits  could  include  increased  productivity,  enhanced  adaptability  of  the 
workforce, increased mobility both within the national labour markets and across the EU, and 

23 

See Annex I of the Impact Assessment. 

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enhanced  social  cohesion.  Enhanced  access  to  redress  could  improve  the  consistency  in  the 
application  of  the  legal  framework.  Some  modest  one-off  transposition  and  ongoing 
implementation costs can be expected as legal frameworks of Member States will need to be 
adapted.  

 

Regulatory fitness and simplification 

As  this  is  a  revision  of  an  existing  piece  of  legislation,  the  Commission  has  looked  at 
opportunities to simplify and reduce burdens. The analysis shows that costs deriving from the 
Directive are modest and no evidence was presented that cheaper ways of fulfilling the same 
objectives with the same effectiveness were available. However, there is scope to clarify and 
increase the transparency and legal predictability of employment contracts. The clarification 
of  the  scope  of  the  Directive  will  make  the  regulatory  framework  easier  to  understand  and 
more predictable. Also, concrete simplification elements have been included in the Directive. 
Given  the  limited  availability  of  data,  the  simplification  elements  have  not  been  quantified, 
but  are  explained  throughout  the  explanatory  memorandum.  Regarding  the  establishment  of 
new  obligations,  a  lighter  regime  for  SMEs  has  been  foreseen  for  a  request  to  transition  to 
another form of  employment, and templates and  models for written statements and to  make 
information  on  national  laws  or  provisions  and  relevant  collective  agreements  available  to 
employers in an accessible format are to be provided to reduce burdens on employers. Based 
on  the  Impact  Assessment,  such  mitigation  measures  could  decrease  the  cost  of  producing 
written statements by 30 to 40%. 

 

Fundamental rights 

The  objectives  of  this  proposal  are  in  line  with  the  Charter  of  Fundamental  Rights  of  the 
European Union, in particular Article 31 on fair and just working conditions, which provides 
that ‘Every worker has the right to working conditions which respect his or her health, safety 
and dignity’.  

4. 

BUDGETARY IMPLICATIONS 

The proposal does not require additional resources from the European Union's budget. 

5. 

 

OTHER ELEMENTS 

Monitoring, evaluation and reporting arrangements 

Member States must transpose the Directive two years after the adoption and communicate to 
the  Commission  the  national  transposition  measures  via  the  MNE-Database.  In  line  with 
Article  153(3)  TFEU  they  may  entrust  the  social  partners  with  the  transposition  through 
collective agreements.  

To  assess  the  effectiveness  with  which  this  initiative  achieves  its  general  and  specific 
objectives,  the  Commission  has  identified  core  progress  indicators  to  monitor  successful 
implementation.24 These indicators will be regularly monitored by the Commission and serve 
as the basis for its evaluation of and reporting on the impact of the Directive eight years after 
its entry into force.  

24 

The  core  indicators  chosen  are  mainly  derived  from  comparative  data  sources  (Eurostat,  OECD)  but 
where  indicators  do  not  exist,  information  can  be  taken  from  national  data.  The  detailed  list  of 
indicators can be found in the Impact Assessment. 

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 

Detailed explanation of the specific provisions of the proposal 

Chapter I – General provisions 

Article 1 – Purpose, subject matter and scope  

Paragraph  3  allows  Member  States  not  to  apply  the  provisions  of  the  Directive  to  an 
employment  relationship  of  up  to  8  hours  per  month.  This  derogation  replaces  the  existing 
possibilities  for  exclusion  from  the  personal  scope  in  Article  1  of  Directive  91/533/EEC 
(employment relationship not exceeding one month or a working week not exceeding 8 hours 
or of a casual and/or specific nature), which according to the REFIT evaluation were applied 
inconsistently  and  excluded  increasing  numbers  of  workers.25  Paragraph  4  provides  that, 
where  the  working  hours  are  not  determined  in  advance,  for  instance  in  on-demand 
employment, that derogation should not apply because the duration of the work is not known. 

Under paragraph 5 the definition of employer in Article 2 is complemented by a clarification 
that the function of  employer for the purpose of the proposed Directive may be  fulfilled by 
more than one entity. For instance, in the case of a temporary agency worker, the information 
requirements in Article 3 may be fulfilled partly by the temporary work agency and partly by 
the  user  undertaking.  In  order  to  avoid  placing  disproportionate  burdens  on  private 
households,  Member  States  may  disapply  the  rights  to  request  a  new  form  of  work  and  to 
mandatory training without charge and the application of favourable presumptions in case of 
missing information with respect to natural persons employing domestic workers.  

Directive  2009/13/EC  implementing  the  Social  Partner  Agreement  on  the  Maritime  Labour 
Convention,  2006,  and  amending  Directive  1999/63/EC  and  Directive  (EU)  2017/159 
implementing  the  Social  Partners'  Agreement  on  the  Work  in  Fishing  Convention  contain 
specific provisions on seafarers’ employment agreements and fishermen’s work agreements. 
Therefore,  paragraph  7  of  Article  1  clarifies  that  Chapter  II  of  the  proposed  Directive  will 
apply without prejudice to these directives. 

Article 2 – Definitions  

This article lays down criteria for establishing worker status for the purpose of the proposed 
Directive. These criteria are based on the case law of the CJEU as developed since  case C-
66/85 Lawrie-Blum, as most recently recalled in C-216/15 Ruhrlandklinik. It is necessary to 
specify  such  criteria  in  view  of  the  findings  of  the  REFIT  evaluation  that  the  scope  of 
application  of  the  Written  Statement  Directive  varies  among  Member  States  depending  on 
their concepts of 'employee', 'employment relationship' and 'employment contract',26 and risks 
excluding  growing  numbers  of  workers  in  non-standard  forms  of  employment,  such  as 
domestic  workers,  on-demand  workers,  intermittent  workers,  voucher-based  workers  and 
platform workers. The proposed Directive would apply to such workers, as long as they fulfil 
the criteria set out above.27 

25 
26 
27 

SWD(2017)205 final, page 25. 
SWD(2017)205 final, pages 21, 25 and footnote 50. 
See  also  Communication  from  the  Commission,  A  European  Agende  for  the  Collaborative  Economy, 
COM(2016)356 final, Section 2.4. 

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Chapter II - Information on the employment relationship 

Article 3 – Obligation to provide information  

This  provision  updates  the  minimum  information  requirements  set  out  in  Article  2  of  the 
Written  Statement  Directive,  taking  into  account  results  of  the  REFIT  evaluation28  and  the 
inputs from Social Partners, by introducing new elements relating to: 

 

 

 

 

duration and conditions of probation (Article 3.2.f); 

training entitlement (Article 3.2.g); 

arrangements  for  overtime  and  its  remuneration,  in  the  light  of  the  judgment  of  the 
CJEU in Case C-350/99 Lange that such information forms part of the 'essential aspects 
of  the  employment  relationship'  about  which  the  worker  should  be  informed  in  the 
written statement (Article 3.2.k); 

key information about the determination of variable working schedules, to take account 
of the increasing prevalence of such types of work organisation such as casual or zero-
hours contracts or work in the collaborative economy (Article 3.2.l); 

 

information about the social security system(s) receiving contributions (Article 3.2.n). 

In  addition,  the  information  requirements  relating  to  the  place  of  work  (Article  3.2.b)  have 
been  modernised  to  allow  for  forms  such  as  platform  work,  where  the  workplace  is  not 
determined  by  the  employer,  and  the  procedure  for  termination  of  employment  (3.2.i)  has 
been included.  

Article 4 – Timing and means of information 

Paragraph 1 replaces the current maximum timeframe of 2 months for provision of a written 
statement set out in Article 3 of Directive 91/533/EEC with the first day of the employment 
relationship, in line with Principle 7 of the European Pillar of Social Rights referred to above. 
It also sets out that the statement may be provided electronically.  

In order to reduce burdens on employers, and in line with the recommendation in the REFIT 
evaluation,29 paragraphs 2 and 3 require Member States to produce templates and models for 
the  written  statement  and  to  make  information  on  national  laws  or  provisions  and  relevant 
collective agreements available to employers in an accessible format.  

Article 5 –Modification of the employment relationship 

This  provision  updates  Article  5  'Modification  of  aspects  of  the  contract  or  employment 
relationship'  of  Directive  91/533/EEC,  to  require  that  all  modifications  to  the  working 
conditions  notified  under  Article  3  or  to  the  information  provided  under  Article  6  of  the 
proposed Directive must be transmitted at the latest on the day they take effect, rather than up 
to two months afterwards as in the current Directive. 

Article 6 – Additional information for workers posted or sent abroad 

28 
29 

SWD(2017)205 final, page 24. 
SWD(2017)205 final, page 29. 

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This provision updates Article 4 'Expatriate workers' of Directive 91/533/EEC, to align with 
the relevant provisions of Directives 96/71/EC on posted workers and the related enforcement 
Directive 2014/67/EU. In order to limit burdens on employers  the obligations set out in this 
Article  apply  only  if  the  duration  of  the  work  period  abroad  is  more  than  four  consecutive 
weeks, unless Member States specifically provide otherwise. Information provided before the 
first  departure  may  cover  several  grouped  work  assignments  and  may  be  subsequently 
modified in case of change.  

Chapter III – Minimum requirements relating to working conditions 

Article 7 –Maximum duration of any probationary period 

This provision sets a maximum duration of six months for any probationary period, unless a 
longer duration is justified by the nature of the employment, such as a managerial position, or 
where it is in the worker's interest, for instance an extension following long illness.  

This  provision  reflects  Principle  5(d)  of  the  European  Pillar  of  Social  Rights:  "5(d):  Any 
probation period should be of reasonable duration." 

Article 8 – Employment in parallel 

This article provides that no worker may be prevented by his or her employer from taking up 
another employment (so-called exclusivity or incompatibility clauses), unless this is justified 
by legitimate reasons such as  the protection of  business secrets or  avoidance of conflicts  of 
interest.  

Article 9 – Minimum predictability of work  

This article provides that, if a worker has a variable work schedule where the employer, rather 
than the worker, determines the timing of the work assignments,  

(a) the employer must notify such workers of the periods of hours and days within which they 
may  be  required  to  work.  That  would  enable  workers  to  use  the  time  not  covered  by  such 
reference hours/days in other employment, in education or to fulfil care obligations. Workers 
may agree to work outside the reference hours and days, but cannot be obliged to do so, and 
must not be subject to detriment if they refuse (see Article 16).   

(b) workers cannot be required to work if they receive less than a reasonable advance notice 
from their employer, set out in advance in the written statement. They may agree to do so but 
must  not  be  subject  to  detriment  if  they  refuse  (see  Article  16).  What  is  considered  a 
reasonable advance notice may vary across sectors. 

These provisions do not apply in cases where the employer sets a task to be achieved, but the 
worker is free to determine the time schedule within which he or she performs the task.  

Article 10 – Transition to another form of employment 

This article establishes that workers will be able to request a more secure and predictable form 
of work, where available e.g. workers wishing to transition to full-time working relationship, 
or  a  working  relationship  with  a  higher  number  of  guaranteed  paid  hours  or  a  less  variable 
work schedule. Employers are required to respond in writing.  

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The  deadline  for  the  employer  to  respond  will  be  three  months  for  natural  persons,  micro, 
small or medium enterprises, and one month for larger enterprises, so as to reduce the burden 
for  smaller  enterprises  that  may  not  have  the  same  access  to  dedicated  human  resource 
management services. Moreover, the response to subsequent requests from the same worker 
to an employer which is a natural person or a micro, small or medium enterprise, could take 
an oral form, if the justification for the reply remains unchanged.  

This provision reflects Principle 5(a) of the European Pillar of Social Rights: "The transition 
towards open-ended forms of employment shall be fostered." 

Article 11 –Training 

This  provision  ensures  that  employers  provide  workers  with  any  training  to  carry  out  their 
tasks  that  they  are  required  to  provide  under  Union  or  national  legislation  or  collective 
agreements, without charging its cost to the workers.  

Chapter IV – Collective agreements 

Article 12 – Collective agreements 

This provision permits modifications of the minimum standards set out in Articles 7 to 11 (i.e. 
the  material  rights  but  not  the  information  package)  by  means  of  collective  agreements 
concluded between the social  partners under national  law or  practice.  The overall degree  of 
protection  for  workers  must  not  be  less  than  that  provided  for  in  Articles  7  to  11  taken 
together. 

Chapter V – Horizontal provisions 

Article 13 – Compliance 

This provision, along with Articles 16 to 18, follows the same approach as adopted by the co-
legislator in Directive 2006/54/EC, Directive 2000/43/EC, and Directive 2000/78/EC.  

Article  13  requires  Member  States  to  ensure  that  the  necessary  amendments  are  made  to 
individual or collective agreements, internal rules of undertakings and any other arrangements 
so  as  to  align  them  to  the  provisions  of  the  proposed  Directive.  This  obligation  does  not 
concern  modifications  of  the  minimum  standards  set  out  in  Articles  7  to  11  laid  down  in 
accordance with Article 12. 

Article 14 - Legal presumption and early settlement mechanism 

This  article  provides,  on  the  basis  of  existing  good  practice  among  Member  States,  for  two 
alternative avenues of redress for failure to provide all or some of the information set out in 
Article 3, either  

 

the use of favourable presumptions proportionate to the missing information, including 
at least a presumption of an open-ended relationship if no information is provided about 
the duration of the employment relationship, a presumption of a full-time position if no 
information is provided on the guaranteed paid hours, and a presumption of absence of 
probationary period where no information is provided on the existence or duration of a 
probationary period; or 

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 

access to an administrative procedure under which a competent authority (which may be 
an existing body  such  as  a labour inspectorate or a judicial body) has  the authority to 
establish the facts of the case, to order the employer to issue the missing information, 
and to impose a fine if this is not done.  

This  provision  addresses  weaknesses  in  the  existing  mechanisms  identified  in  the  REFIT 
evaluation,  which  concluded  that  redress  systems  based  on  claims  for  damages  are  less 
effective than those based on other forms of penalty such as lump-sums.30 

In  order  to  avoid  the  burden  of  formal  redress  procedures  in  situations  where  incorrect  or 
missing  information  can  be  easily  remedied,  any  omission  of  information  must  be  first 
notified to the employer, who has 15 days to supply the missing information.  

Article 15 – Right to redress 

This  provision  establishes  the  principle  that  Member  States  must  ensure  that  national  legal 
systems provide access to effective and impartial dispute resolution and a right to redress and, 
where  appropriate,  compensation,  for  infringements  of  the  rights  established  under  the 
proposed Directive. It reflects Principle 7 of the European Pillar of Social Rights.  

Article 16 – Protection against adverse treatment or consequences 

This  provision  requires  Member  States  to  provide  workers  complaining  about  breaches  of 
provisions  adopted  pursuant  to  this  Directive  with  adequate  judicial  protection  against  any 
adverse treatment or consequences by the employer. 

Article 17 – Protection from dismissal and burden of proof  

If  a  worker  considers  that  he  or  she  has  been  dismissed  or  subject  to  equivalent  detriment 
(such as on-demand worker ceasing to be assigned work) on the ground that he or she applies 
or enjoys the rights established in this Directive, and is able to establish facts which support 
this assertion, this provision places on the employer the burden to prove that the dismissal or 
alleged detrimental treatment was based on other objective reasons.  

Article 18 – Penalties 

This provision requires Member States to provide for effective, proportionate and dissuasive 
penalties for breaches of the obligations under this Directive, and to make sure that they are 
applied. 

Chapter VI – Final provisions 

Article 19 – More favourable provisions 

This is a standard provision allowing Member States to provide a higher level of protection 
than  that  guaranteed  by  the  proposed  Directive,  and  preventing  its  use  to  lower  existing 
standards in the same fields. 

Article 20 – Implementation 

30 

SWD(2017)205 final, page 26. 

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This provision establishes the maximum period that Member States have in order to transpose 
the Directive into national law and communicate the relevant texts to the Commission. This 
period  is  set  at  two  years  after  the  date  of  entry  into  force.  Moreover,  it  highlights  that 
pursuant  to  Article  153(3)  TFEU  Member  States  may  entrust  the  Social  Partners  with  the 
implementation  of  the  Directive,  where  Social  Partners  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.  

Article 21 – Transitional arrangements  

This article provides for the transition between Directive 91/533/EEC and the entry into force 
of the proposed Directive.  

Article 22 – Review by the Commission  

This  is  a  standard  provision  requiring  the  Commission  to  report  to  the  co-legislator  on  the 
application  of  this  Directive  including  the  assessment  of  any  need  to  revise  and  update  the 
Directive.  

Article 23 – Repeal  

This provision stipulates the date on which Directive 91/533/EEC is repealed, specifying that 
all references to the repealed Directive shall be construed as references to the new one. 

Article 24 – Entry into force and Article 25 - Addressees 

These  are  standard  provisions  stipulating  that  the  Directive  is  to  enter  into  force  on  the 
twentieth day following its publication in the Official Journal and is addressed to the Member 
States. 

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2017/0355 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on transparent and predictable working conditions in the European Union 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 153(1)(b) and (2)(b) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee1,  
Having regard to the opinion of the Committee of the Regions2,  

Acting in accordance with the ordinary legislative procedure, 

Whereas:  

(1) 

(2) 

(3) 

1 
2 
3 

The Charter of Fundamental Rights of the European Union provides in its Article 31 
that every worker has the right to working conditions which respect his or her health, 
safety and dignity, and to limitation of maximum working hours, to daily and weekly 
rest periods and to an annual period of paid leave.  

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. 
Since the adoption of Council Directive 91/533/EEC,3 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 

OJ C , , p. . 
OJ C , , p. . 
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 (OJ L 288, 18.10.1991, p. 32). 

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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. 

(4) 

Pursuant to Directive 91/533/EEC the majority of workers in the Union have the right 
to  receive written  information  about  their working  conditions. Directive 91/533/EEC 
does not however cover all workers in the Union. Moreover, gaps in protection have 
emerged  for  new  forms  of  employment  created  as  a  result  of  labour  market 
developments since 1991. 

(5)  Minimum  requirements  relating  to  information  on  the  essential  aspects  of  the 
employment relationship and relating to working conditions that apply to every worker 
should therefore be established at Union level in order to guarantee all workers in the 
Union an adequate degree of transparency and predictability as regards their working 
conditions.  

(6) 

(7) 

(8) 

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.  

In order to ensure effectiveness of the rights provided by the Union law, the personal 
scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice 
of the European Union has established criteria for determining the status of a worker4 
which  are  appropriate  for  determining  the  personal  scope  of  application  of  this 
Directive.  The  definition  of  worker  in  Article  2(1)  is  based  on  these  criteria.  They 
ensure a uniform implementation of the personal scope of the Directive while leaving 
it to national authorities and courts to apply it to specific situations. Provided that they 
fulfil  those  criteria,  domestic  workers,  on-demand  workers,  intermittent  workers, 
voucher based-workers, platform workers, trainees and apprentices could come within 
scope of this Directive. 

In  view  of  the  increasing  number  of  workers  excluded  from  the  scope  of  Directive 
91/533/EEC  on  the  basis  of  derogations  made  by  Member  States  under  Article  1  of 
that  Directive,  it  is  necessary  to  replace  these  derogations  with  a  possibility  for 
Member  States  not  to  apply  the  provisions  of  the  Directive  to  a  work  relationship 
equal  to  or  less  than  8  hours  in  total  in  a  reference  period  of  one  month.  That 
derogation does not affect the definition of a worker as provided for in Article 2(1). 

(9) 

Due  to  the  unpredictability  of  on-demand  work  including  zero-hour  contracts,  the 
derogation of 8 hours per month should not be used for employment relationships in  

4 

Judgments  of  3  July  1986,  Deborah  Lawrie-Blum,  Case  66/85;  14  October  2010,  Union  Syndicale 
Solidaires  Isère,  Case  C-428/09;  9  July  2015,  Balkaya,  Case  C-229/14;  4  December  2014,  FNV 
Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15. 

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which  no  guaranteed  amount  of  paid  work  is  determined  before  the  start  of  the 
employment. 

(10)  Several  different  natural  or  legal  persons  may  in  practice  assume  the  functions  and 
responsibilities of an employer. Member States should remain free to determine more 
precisely  the  person(s)  who  are  considered  totally  or  partially  responsible  for  the 
execution of the obligations that this Directive lays down for employers, as long as all 
those obligations are fulfilled. Member States should also be able to decide that some 
or  all  of  these  obligations  are  to  be  assigned  to  a  natural  or  legal  person  who  is  not 
party  to  the  employment  relationship.  Member  States  should  be  able  to  establish 
specific rules to exclude individuals acting as employers for domestic workers in the 
household  from  the  obligations  to  consider  and  respond  to  a  request  for  a  different 
type of employment, to provide cost-free mandatory training, and from coverage of the 
redress  mechanism  based  on  favourable  presumptions  in  the  case  of  missing 
information in the written statement. 

(11)  Directive  91/533/EEC  introduced  a  minimum  list  of  essential  aspects  on  which 
workers have to be informed in writing. It is necessary to adapt that list in order to take 
account  of  developments  on  the  labour  market,  in  particular  the  growth  of  non-
standard forms of employment. 

(12) 

(13) 

(14) 

(15) 

Information  on  working  time  should  be  consistent  with  the  provisions  of  Directive 
2003/88/EC of the European Parliament and of the Council,5 and include information 
on breaks, daily rest, weekly rest and the amount of paid leave. 

Information  on  remuneration  to  be  provided  should  include  all  elements  of  the 
remuneration,  including  contributions  in  cash  or  kind,  directly  or  indirectly  received 
by the worker in respect of his or her work. The provision of such information should 
be without prejudice to the freedom for employers to provide for additional elements 
of remuneration such as one-off payments. The fact that elements of remuneration due 
by law or collective agreement have not been included in that information should not 
constitute a reason for not providing them to the worker.  

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. 

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/EC6 
and Directive 2014/50/EU of the European Parliament and of the Council.7 

(16)  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 

5 

6 

7 

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 (OJ L 299, 18.11.2003, p. 9). 
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 (OJ L 209, 25.7.1998, p. 46). 
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 (OJ L 128, 30.4.2014, p. 1). 

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3 

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relevant  information  should  therefore  reach  them  at  the  latest  on  the  first  day  of  the 
employment.  

(17) 

In  order  to  help  employers  to  provide  timely  information,  Member  States  should 
ensure the availability of templates at national level including relevant and sufficiently 
comprehensive  information  on  the  legal  framework  applicable.  These  templates  may 
be  further  developed  at  sectoral  or  local  level,  by  national  authorities  and  social 
partners. 

(18)  Workers posted or sent abroad should receive additional information specific to their 
situation.  For  successive  work  assignments  in  several  Member  States  or  third 
countries, such as in international road transport, that information may be grouped for 
several  assignments  before  the  first  departure  and  subsequently  modified  in  case  of 
change.  Where  they  qualify  as  posted  workers  under  Directive  96/71/EC  of  the 
European  Parliament  and  of  the  Council,8  they  should  also  be  notified  of  the  single 
national website developed by the host Member State where they will find the relevant 
information  on  the  working  conditions  applying  to  their  situation.  Unless  Member 
States  provide  otherwise,  these  obligations  apply  if  the  duration  of  the  work  period 
abroad is more than four consecutive weeks.  

(19)  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. 

(20)  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.9 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. 

(21)  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.  

(22)  Reference hours and days, understood as time slots where work can take place at the 
request  of  the  employer,  should  be  established  in  writing  at  the  start  of  the 
employment relationship. 

8 

9 

Directive 96/71/EC  of  the European Parliament  and of  the  Council  of 16  December  1996  concerning 
the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 
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 (OJ L 299, 18.11.2003, p. 9). 

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4 

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(23)  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.10 

(24)  Workers should have the possibility to refuse a work assignment if it falls outside of 
the  reference  hours  and  days  or  has  not  been  notified  within  the  minimum  advance 
notice  without  suffering  adverse  consequences  for  this  refusal.  Workers  should  also 
have the possibility to accept the work assignment if they so wish. 

(25)  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.  

(26)  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.  

(27)  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. 

the  REFIT  evaluation11  confirmed 

(28)  The  consultation  on  the  European  Pillar  of  Social  Rights  showed  the  need  to 
strengthen  enforcement  of  Union  labour  law  to  ensure  its  effectiveness.  As  regards 
Directive  91/533/EEC, 
that  strengthened 
enforcement  mechanisms  could  improve  its  effectiveness.  It  showed  that  redress 
systems  based solely on claims  for damages are less effective than systems that  also 
provide for sanctions (such as lump sums or loss of permits) for employers who fail to 
issue written statements. It also showed that employees rarely seek redress during the 
employment  relationship,  which  jeopardises  the  goal  of  the  provision  of  the  written 
statement  to  ensure  workers  are  informed  about  their  essential  features  of  their 
employment relationship. It is therefore necessary to introduce enforcement provisions 
which  ensure the use  either of favourable presumptions  where  information  about the 
employment  relationship  is  not  provided,  or  of  an  administrative  procedure  under 
which the employer may be required to provide the missing information and subject to 
sanction  if  it  does  not.  That  redress  should  be  subject  to  a  procedure  by  which  the 

10 

11 

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  (OJ  L  80, 
23.3.2002, p. 35). 
SWD(2017)205 final, page 26. 

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5 

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employer  is  notified  that  information  is  missing  and  has  15  days  in  which  to  supply 
complete and correct information.  

(29)  An extensive system of enforcement provisions for the social acquis in the Union has 
been adopted since Directive 91/533/EEC, notably in the fields of anti-discrimination 
and equal opportunities, elements of which should be applied to this Directive in order 
to ensure that workers have access to effective and impartial dispute resolution and a 
right  to  redress,  including  adequate  compensation,  reflecting  the  Principle  7  of  the 
European Pillar of Social Rights.  

(30)  Specifically,  having  regard  to  the  fundamental  nature  of  the  right  to  effective  legal 
protection, workers should continue to enjoy such protection even after the end of the 
employment relationship giving rise to an alleged breach of the worker's rights under 
this Directive.  

(31)  The  effective  implementation  of  this  Directive  requires  adequate  judicial  and 
administrative protection against any adverse treatment as a reaction to an attempt to 
exercise rights provided for under this Directive, any complaint with the employer or 
any  legal  or  administrative  proceedings  aimed  at  enforcing  compliance  with  this 
Directive. 

(32)  Workers exercising rights provided for in this Directive should enjoy protection from 
dismissal  or  equivalent  detriment  (such  as  an  on-demand  worker  no  longer  being 
assigned work) or any preparations for a possible dismissal, on the grounds that they 
sought to exercise such rights. Where workers consider that they have been dismissed 
or  have  suffered  equivalent  detriment  on  those  grounds,  workers  and  competent 
authorities  should  be  able  to  require  the  employer  to  provide  duly  substantiated 
grounds for the dismissal or equivalent measure.  

(33)  The  burden  of  proof  that  there  has  been  no  dismissal  or  equivalent  detriment  on  the 
grounds that workers have exercised their rights provided for in this Directive, should 
fall on employers when workers establish, before a court or other competent authority, 
facts  from  which  it  may  be  presumed  that  they  have  been  dismissed,  or  have  been 
subject to measures with equivalent effect, on such grounds. 

(34)  Member States should provide for effective, proportionate and dissuasive penalties for 

breaches of the obligations under this Directive. 

(35)  Since the objectives of this Directive cannot be sufficiently achieved by the Member 
States  but  can  rather,  by  reason  of  the  need  to  establish  common  minimum 
requirements,  be  better  achieved  at  Union  level,  the  Union  may  adopt  measures,  in 
accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the 
European Union. In accordance with the principle of proportionality as set out in that 
Article, this Directive does not go beyond what is necessary in order to achieve those 
objectives.  

(36)  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. 

(37) 

In implementing this Directive Member States should avoid imposing administrative, 
financial  and  legal  constraints  in  a  way  which  would  hold  back  the  creation  and 

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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. 

(38)  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. 

(39) 

(40) 

In view of the substantial changes introduced by this Directive at the level of purpose, 
scope  and  content,  it  is  not  appropriate  to  amend  Directive  91/533/EEC.  Directive 
91/533/EEC should therefore be repealed.  

In  accordance  with  the Joint  Political  Declaration  of  28  September  2011  of  Member 
States  and  the  Commission  on  explanatory  documents,12  Member  States  have 
undertaken  to  accompany,  in  justified  cases,  the  notification  of  their  transposition 
measures  with  one  or  more  documents  explaining  the  relationship  between  the 
components  of  a  directive  and  the  corresponding  parts  of  national  transposition 
instruments. With regard to this Directive, the legislator considers the transmission of 
such documents to be justified, 

HAVE ADOPTED THIS DIRECTIVE: 

Chapter I 

General provisions 

Article 1 

1. 

2. 

3. 

4. 

5. 

Purpose, subject matter and scope 

The purpose of this Directive is to improve working conditions by promoting more 
secure and predictable employment while ensuring labour market adaptability.  

This Directive lays down minimum rights that apply to every worker in the Union. 

Member States may decide not to apply the obligations in this Directive to workers 
who  have  an  employment  relationship  equal  to  or  less  than  8  hours  in  total  in  a 
reference  period  of  one  month.  Time  worked  with  all  employers  forming  or 
belonging  to  the  same  enterprise,  group  or  entity  shall  count  towards  that  8  hour 
period.  

Paragraph  3  shall  not  apply  to  an  employment  relationship  where  no  guaranteed 
amount of paid work is predetermined before the employment starts. 

Member States may determine which persons are responsible for the execution of the 
obligations for employers laid down by this Directive as long as all those obligations 
are  fulfilled.  They  may  also  decide  that  all  or  part  of  these  obligations  shall  be 
assigned to a natural or legal person who is not party to the employment relationship. 
This paragraph is without prejudice to Directive 2008/104/EC. 

12 

OJ C 369, 17.12.2011, p. 14. 

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7 

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6. 

7. 

Member States may decide not to apply the obligations set out in Articles 10 and 11 
and  Article  14(a)  to  natural  persons  belonging  to  a  household  where  work  is 
performed for that household. 

Chapter  II  of  this  Directive  applies  to  seafarers  and  fishermen  without prejudice  to 
Council Directive 2009/13/EC and Council Directive (EU) 2017/159, respectively. 

Article 2 

Definitions 

1. 

For the purposes of this Directive, the following definitions shall apply:  

(a) 

(b) 

(c) 

(d) 

(e) 

‘worker’  means  a  natural  person  who  for  a  certain  period  of  time  performs 
services  for  and  under  the  direction  of  another  person  in  return  for 
remuneration; 

'employer' means one or more natural or legal person(s) who is or are directly 
or indirectly party to an employment relationship with a worker; 

'employment  relationship'  means  the  work  relationship  between  workers  and 
employers as defined above; 

'work  schedule'  means  the  schedule  determining  hours  and  days  on  which 
performance of work starts and ends; 

'reference  hours  and  days'  means  time  slots  in  specified  days  during  which 
work can take place at the request of the employer. 

For the purposes  of this Directive  the terms  'microenterprise',  'small  enterprise' and 
'medium-sized  enterprise'  shall  have  the  meaning  set  out  in  the  Commission 
Recommendation  of  6  May  2003  concerning  the  definition  of  micro,  small  and 
medium-sized enterprises13 or in any subsequent act replacing that Recommendation. 

Chapter II 

Information on the employment relationship 

Article 3 

Obligation to provide information  

Member  States  shall  ensure  that  employers  are  required  to  inform  workers  of  the 
essential aspects of the employment relationship.  

The information referred to in paragraph 1 shall include:   

(a) 

(b) 

the identities of the parties to the employment relationship;  

the place of work; where there is no fixed or main place of work, the principle 
that the worker is employed at various places or is free to determine his or her 
place of work, and the registered place of business or, where appropriate, the 
domicile of the employer;  

2. 

1. 

2. 

13 

OJ L 124/36, 20.05.2003. 

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(c) 

(i)  the  title,  grade,  nature  or  category  of  the  work  for  which  the  worker  is 
employed; or    

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

(ii) a brief specification or description of the work;  

the date of commencement of the employment relationship;  

in  the  case  of  a  temporary  employment  relationship,  the  end  date  or  the 
expected duration thereof;  

the duration and conditions of the probationary period, if any; 

any training entitlement provided by the employer; 

the amount of paid leave to which the worker is entitled or, where this cannot 
be  indicated  when  the  information  is  given,  the  procedures for  allocating  and 
determining such leave;  

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  initial  basic  amount,  any  other  component  elements,  the  frequency  and 
method of payment of the remuneration to which the worker is entitled;  

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 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: 

(i) 

(ii) 

the reference hours and days within which the worker may be required to 
work; 

the minimum advance notice the worker shall receive before the start of a 
work assignment; 

(m)  any  collective  agreements  governing  the  worker's  conditions  of  work;  in  the 
case  of  collective  agreements  concluded  outside  the  business  by  special  joint 
bodies  or  institutions,  the  name  of  the  competent  body  or  joint  institution 
within which the agreements were concluded;  

(n) 

the  social  security  institution(s)  receiving  the  social  contributions  attached  to 
the  employment  relationship  and  any  protection  relating  to  social  security 
provided by the employer.  

3. 

The information referred to in paragraph 2(f) to (k) and (n) may, where appropriate, 
be  given  in  the  form  of  a  reference  to  the  laws,  regulations  and  administrative  or 
statutory provisions or collective agreements governing those particular points.  

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Article 4 

Timing and means of information 

1. 

2. 

3. 

The  information  referred  to  in  Article  3(2)  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.  

Member States  shall develop templates and models  for the document referred to  in 
paragraph  1  and  put  them  at  the  disposal  of  workers  and  employers  including  by 
making  them  available  on  a  single  official  national  website  and  by  other  suitable 
means.  

Member  States  shall  ensure  that  the  information  on  the  laws,  regulations  and 
administrative  or  statutory  provisions  or  collective  agreements  governing  the  legal 
framework applicable which are to be communicated by employers is made generally 
available free of charge in a clear, transparent, comprehensive and easily accessible 
way at a distance and by electronic means, including through existing online portals 
for Union citizens and businesses. 

Article 5 

Modification of the employment relationship 

Member  States  shall  ensure  that  any  change  in  the  aspects  of  the  employment  relationship 
referred to in Article 3(2) and to the additional information for workers posted or sent abroad 
in Article 6 shall be provided in the form of a document by the employer to the worker at the 
earliest opportunity and at the latest on the day it takes effect. 

Article 6 

Additional information for workers posted or sent abroad 

1. 

Member  States  shall  ensure  that,  where  a  worker  is  required  to  work  in  a  Member 
State  or  third  country  other  than  the  Member  State  in  which  he  or  she  habitually 
works,  the  document  referred  to  in  Article  4(1)  shall  be  provided  before  his  or  her 
departure and shall include at least the following additional information:  

(a) 

the  country or  countries  in  which  the  work  abroad  is  to  be performed  and  its 
duration;  

(b) 

the currency to be used for the payment of remuneration;  

(c)  where  applicable,  the  benefits  in  cash  or  kind  attendant  on  the  work 
assignment(s),  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; 

(d)  where applicable, the conditions governing the worker's repatriation. 

2. 

Member States shall ensure that, if the worker sent abroad is a posted worker covered 
by Directive 96/71/EC, he or she shall in addition be notified of: 

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(a) 

(b) 

the  remuneration  to  which  the  worker  is  entitled  in  accordance  with  the 
applicable law of the host Member State;  

the  link  to  the  official  national  website(s)  developed  by  the  host  Member 
State(s) pursuant to Article 5(2) of Directive 2014/67/EU. 

The  information  referred  to  in  paragraph  1(b)  and  2(a)  may,  where  appropriate,  be 
given  in  the  form  of  a  reference  to  the  laws,  regulations  and  administrative  or 
statutory provisions or collective agreements governing those particular points.  

Unless Member States provide otherwise, paragraphs 1 and 2 shall not  apply  if the 
duration  of  each  work  period  outside  the  Member  State  in  which  the  worker 
habitually works is four consecutive weeks or less.  

Chapter III 

Minimum requirements relating to working conditions 

Article 7 

Maximum duration of any probationary period 

Member  States  shall  ensure  that,  where  an  employment  relationship  is  subject  to  a 
probationary  period,  that  period  shall  not  exceed  six  months,  including  any 
extension.  

Member  States  may  provide  for  longer  probationary  periods  in  cases  where  this  is 
justified by the nature of the employment or is in the interest of the worker. 

Article 8 

Employment in parallel 

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.  

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. 

3. 

4. 

1. 

2. 

1. 

2. 

Article 9 

Minimum predictability of work 

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: 

(a) 

if  work  takes  place  within  predetermined  reference  hours and  reference  days, 
established in writing at the start of the employment relationship, in accordance 
with Article 3(2)(l)(i), and  

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(b) 

if the worker is informed by their employer of a work assignment a reasonable 
period in advance, in accordance with Article 3(2)(l)(ii).  

Article 10 

Transition to another form of employment 

1. 

2. 

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. 

The  employer  shall  provide  a  written  reply  within  one  month  of  the  request.  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  for  an  oral  reply  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.   

Article 11 

Training 

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.  

Chapter IV 

Collective agreements 

Article 12  

Collective agreements 

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. 

Chapter V 

Horizontal provisions 

Article 13 

Compliance 

Member  States  shall  take  all  necessary  measures  to  ensure  that  provisions  contrary  to  this 
Directive in individual or collective agreements, internal rules of undertakings, or any other 

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arrangements shall be declared null and void or are amended in order to bring them into line 
with the provisions of this Directive.  

Article 14 

Legal presumption and early settlement mechanism 

Member States shall ensure that, where a worker has not received in due time all or part of the 
documents referred to in Article 4(1), Article 5, or Article 6, and the employer has failed to 
rectify  that  omission  within  15  days  of  its  notification,  one  of  the  following  systems  shall 
apply: 

(a) 

(b) 

the worker shall benefit from favourable presumptions defined by the Member 
State. Where the information provided did not include the information referred 
to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall 
include  a  presumption  that  the  worker  has  an  open-ended  employment 
relationship, that there is no probationary period or that the worker has a full-
time  position,  respectively.  Employers  shall  have  the  possibility  to  rebut  the 
presumptions; or 

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(s)  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. 

Article 15 

Right to redress 

Member States shall ensure that workers, including those whose employment relationship has 
ended,  have  access  to  effective  and  impartial  dispute  resolution  and  a  right  to  redress, 
including  adequate  compensation,  in  case  of  infringements  of  their  rights  arising  from  this 
Directive.  

Article 16 

Protection against adverse treatment or consequences 

Member States shall introduce measures necessary to protect workers, including workers who 
are  employees'  representatives,  from  any  adverse  treatment  by  the  employer  or  adverse 
consequences  resulting  from  a  complaint  lodged  with  the  employer  or  from  any  legal 
proceedings initiated with the aim of enforcing compliance with the rights provided for in this 
Directive. 

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Article 17 

1. 

2. 

3. 

4. 

5. 

6. 

Protection from dismissal and burden of proof 

Member  States  shall  take  the  necessary  measures  to  prohibit  the  dismissal  or  its 
equivalent  and  all  preparations  for  dismissal  of  workers,  on  the  grounds  that  they 
exercised the rights provided for in this Directive. 

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. 

Member  States  shall  take  the  necessary  measures  to  ensure  that,  when  workers 
referred to in paragraph 2 establish, before a court or other competent authority, facts 
from which it may be presumed that there has been such dismissal or its equivalent, 
it shall be for the respondent to prove that the dismissal was based on grounds other 
than those referred to in paragraph 1. 

Paragraph  3  shall  not  prevent  Member  States  from  introducing  rules  of  evidence 
which are more favourable to plaintiffs. 

Member States need not apply paragraph 3 to proceedings in which it is for the court 
or competent body to investigate the facts of the case. 

Paragraph 3 shall not apply to criminal procedures, unless otherwise provided by the 
Member State. 

Article 18 

Penalties 

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.  

Chapter VI 

Final provisions 

Article 19 

More favourable provisions 

1. 

2. 

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  affect  Member  States'  prerogative  to  apply  or  to  introduce 
laws, regulations or administrative provisions which are more favourable to workers 

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or to encourage or permit the application of collective agreements more favourable to 
workers. 

3. 

This Directive is without prejudice to any other rights conferred on workers by other 
legal acts of the Union. 

Article 20 

Implementation 

1. 

2. 

Member  States  shall  adopt  and  publish  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [entry  into  force  date  +  2 
years],  or  shall  ensure  that  the  social  partners  introduce  the  required  provisions  by 
way  of  an  agreement,  the  Member  States  being obliged  to  take  the  necessary  steps 
enabling them at all times to guarantee the results imposed by this Directive.  

They shall forthwith inform the Commission thereof. 

When  Member  States  adopt  those  measures,  they  shall  contain  a  reference  to  this 
Directive or shall be accompanied by such reference on the occasion of their official 
publication. The  methods  of  making  such  reference  shall  be  laid  down  by  Member 
States. 

Article 21 

Transitional arrangements 

The  rights  and  obligations  set  out  in  this  Directive  shall  apply  to  existing  employment 
relationships as from [entry into force date + 2 years]. However, employers shall provide 
or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon 
request  of  a  worker.  The  absence  of  such  request  shall  not  have  the  effect  of  excluding 
workers from the minimum rights established under this Directive. 

Article 22 

Review by the Commission  

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. 

Article 23 

Repeal 

Directive 91/533/EEC shall be repealed with effect from [entry into force date + 2 years]. 
References to the repealed Directive shall be construed as references to this Directive. 

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Article 24 

Entry into force  

This Directive shall enter into force on the twentieth day following its publication in the 
Official Journal of the European Union. 

Article 25 

Addresses 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 

For the Council 

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