Provisional agreement on the Directive on Transparent and Predictable working conditions reached

The Council, the European Commission and the European Parliament reached a provisional agreement on the European Commission's proposal for a new Directive on Transparent and predictable working conditions as announced on 6 February 2019 by Commissioner Marianne Thyssen. The Commissioner tweeted that the agreement, that will benefit 200 million workers in Europe, was reached after intense negotiations. 

SOLIDAR welcomes the agreement, as this directive will guarantee more rights to information and a minimum set of rights to every worker with an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State. It also covers workers in casual or short-term employment and in non-standard forms of employment such as: on-demand workers, intermittent workers, atypical workers, voucher-based workers, platform workers, as well as paid trainees and apprentices.

Regrettably, the Directive does not apply to workers working less than three hours per week over four weeks (less than 12 hours per month). Genuinely self-employed workers will not be covered from the new rules. 

The set of minimum rights covered will be:

  • Predictable working hours and deadline for cancellation: workers under on-demand contracts or similar forms of employment should benefit from a minimum level of predictability such as predetermined reference hours and reference days. Workers should be able to refuse, without consequences, an assignment outside predetermined hours or be compensated if the assignment was not cancelled in time.
  • More than one job: the employer should not prohibit, penalise or hinder workers from taking jobs with other companies if this falls outside the work schedule established with that employer.
  • Probationary periods should be no longer than six months or proportionate to the expected duration of the contract in the case of fixed-term employment. A renewed contract for the same function should not include a new probationary period.
  • Mandatory training foreseen in European and national legislation should be provided free of charge by the employer and count as working time. When possible, such training should be completed within working hours.

This is only one of the first steps toward the path that will lead to a concrete implementation of the European Pillar of Social Rights and towards the improvement of workers’ rights in the European Union. SOLIDAR repeats its call for more action in the follow up to the proclamation of the European Pillar of Social Rights.

Next steps

This provisional agreement now has to be formally adopted by both the European Parliament and the Council.

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