In December 2022, the legislation changed with regard to Transparent and Predictable Working Conditions. The changes create new employee rights and amend employers' obligations. It remains that the Statement of Core Terms must be provided by employers within 5 days of the employment commencing.
The Contract of Employment must now be provided not later than 1 month after commencement of employment (amended/reduced from 8 weeks). The Statement of Core Terms and the Contract of Employment must be:
- Signed and dated by the employer
- In writing, and
- Sent on paper or in electronic format, provided the information is accessible to the employee. The documents can be stored and printed, and the employer retains proof of sending or receipt of same by the employee.
Whenever there is any change to an employee’s terms, the employer must notify the employee in writing of the changes no later than the day on which the change takes effect.
Probationary Periods
From December 2022, probationary periods now cannot exceed 6 months except on an exceptional basis and even then, cannot be longer than 12 months where this would be in the interest of the employee. A probationary period may be extended by the duration of employee absence. Any probationary period in a fixed-term contract must be proportionate to the duration of the fixed-term contract and the nature of the work. Renewed or extended fixed-term contracts (for the same work) must not be subject to a probationary period.
Mandatory Training
From December 2022, where an employer is required by law or by a collective agreement to provide training to an employee so that they can carry out their role, such training must:
Be provided to the employee free of cost.
Count as working time.
Where possible, take place during working hours.
Double/Other Employment
From December 2022, the Regulations state that an employer must not:
- Prohibit an employee from taking up employment with another employer, outside the work schedule established with the first employer.
- Subject an employee to adverse treatment for taking up employment with another employer.
An employer may restrict an employee from taking up employment with another employer where the restriction is proportionate and is based on objective grounds. The list of objective grounds provided in the Regulations includes health and safety, the protection of business confidentiality, avoidance of conflicts of interests, and so on.