Extension of the duty to inform at commencement of the employment contract

On 20 June 2019 the European Directive on Transparent and Predictable Employment Conditions ("the Directive") was adopted. As the Directive must be integrated in the Dutch legal system by 1 August 2022, a legislative proposal was submitted to Parliament last year. The legislative proposal was adopted by the Senate on 21 June 2022. Based on this new legislation, the existing non-exhaustive list of subjects in respect which the employer has to inform the employee in writing or electronically will be extended. As of 1 August 2022, the employer is required to inform the employee (more extensively) about - among other things - the following subjects:

  • workplace;
  • paid leave;
  • procedural aspects of termination of the employment contract;
  • (the payment method of) other wage components (e.g. bonuses, overtime). These wage components must be listed separately;
  • times during which the work has to be performed;
  • trial period;
  • entitlement to schooling.

In respect of the procedural aspects of termination of the employment contract the Minister of Social Affairs and Employment recently clarified that a reference to the statutory provisions is sufficient.

If you have any questions about the consequences of the Directive and/or duty to inform, please feel free to reach out.