Under the new European Union (Transparent and Predictable Working Conditions) Regulations 2022, there are new requirements placed on employers. The purpose of the Regulations is to provide more transparency and predictability in regards to working conditions.

In line with the Regulations, employers are now required to notify each new employee, in writing, within five days of commencement of employment, of their core terms of employment. The core terms should include:

• The duration and conditions relating to a probationary period, if applicable;
• The place of work;
• The title, grade, nature or category of work for which the employee is employed or a brief description of the work;
• Commencement date of contract of employment;
• Any terms and conditions relating to hours of work (including overtime).

The requirements surrounding contracts of employment have also been updated and must now be issued to the employee within the first month of employment. In line with the Regulations, the contract must now include:

• Training, if any, to be provided by the employer;
• In the case of a temporary contract of employment, the identity of the user undertakings, i.e., the person or firm hiring the agency worker;
• If the work pattern of the employee is entirely or mostly unpredictable, the principle that the work schedule is variable, the number of guaranteed paid hours, the remuneration for work performed in addition to those guaranteed hours, the reference hours and days within which the employee may be required to work and the minimum notice period the employee is entitled to before the start of a work assignment;
• The identity of the social security institutions receiving the social insurance contributions attached to the contract of employment and any protection relating to social security provided by the employer.

The Regulations have also amended aspects of the Probationary Period and it is now outlined that the probationary period should be a maximum of 6 months. It may be extended to no more than 12 months if it would be in the interest of the employee. Where an employee is absent during the probationary period, the employer reserves the right to extend the probation for the same length of time as the duration of the absence.

If an employee is currently on a probationary period which is longer than 6 months and has completed 6 months of the probation, their probationary period will expire on 1st of February 2023.

Employers are also required to ensure that the probationary period within a fixed term contract is proportionate to the expected duration of the contract and the nature of the work.

If an employee transitions to another form of employment within the Company and has completed their 6-month probationary period and has 6 months continuous service, they may request a form of employment with more predictable and secure working conditions, where available, and receive a reasoned reply from their employer. An employee can make such a request once in any twelve-month period and an employer must provide a reasoned written reply to the request within one month of the request.

In regards to training, if an employer is required to provide training to an employee, this training must be provided free of charge to the employee and during working hours where possible. This time is considered working time.

As well as the minimum notice period specified in the Organisation of Working Time Act, a work assignment must now take place within the reference hours and days notified to the employee as part of their written terms. Where the notice of a work assignment provided to an employee is not within the minimum notice period of 24 hours or the work assignment is to take place outside the reference hours and days, the employee has the possibility to refuse the work assignment without adverse consequences.

As outlined in the new Regulations, an Employer cannot stop an employee from taking up employment with another employer outside of the work schedule established with the first named employer or treat an employee adversely for taking up employment with another employer. An employer may restrict an employee from taking up another employment if they have objective justification for doing so such as: health and safety, protection of confidentiality of the business, integrity of public service or to avoid a conflict of interest.  Any objective justification where a restriction may apply should be included in the contract of employment.

The Regulation now also requires employers to provide a written statement to employees who are required to work outside the state. This statement must include the country or countries in which the work outside the State is to be performed and its duration. For employees who are posted to work outside of the state, additional information must be provided, namely:

• The remuneration to which the employee is entitled in accordance with the applicable law of the host Member State (i.e. Irish law);
• Any allowances specific to the posting, if any, and any arrangements for reimbursing expenditure on travel, board and lodging;
• The link to the official national website developed by the host Member State concerning the posting of workers and the provision of services.

If you are an organisation based in the Republic of Ireland and require further information or advice relating to HR, please do not hesitate to contact our office on (066)7102887 or email us at info@thehrsuite.com.