Prevent void clauses in employment contracts

By Maaike Koot, TeekensKarstens advocaten notarissen

On 01 August 2022, the Directive “Implementing the EU Directive on Transparent and Predictable Terms of Employment” (hereafter: the Directive) must be implied by all members of the EU. This Directive entails a number of important consequences for employers and employees.

Extending the obligation to provide information

The Directive extends the employer’s duty of information. The Directive adds the list of information that the employer must at least provide to the employee at the start of his contract.

Limitation of study-costs clauses and ancillary activities clauses

At present, a study-costs clause is allowed whereby the employee must repay all or part of the study costs upon termination of the employment contract. After the implementation, this is no longer possible for the training courses that the employer is obliged to offer on the basis of the law or collective agreement. A clause whereby the costs of the mandatory training are ultimately borne by the employee, is null and void.

A prohibition on secondary employment will no longer be permitted, unless there is an ‘objective justification’. The objective justification does not need to be disclosed in advance. Examples of an objective justification are: protecting the confidentiality of business information and the compatibility of the work with the employer’s obligations under the Working Hours Act.

Unpredictable working hours and employment conditions

If there is an unpredictable work pattern for the majority of the hours during which the work must be performed, employers must, directly or indirectly, determine at which times the work must be performed. On the reference days and hours, the on-call worker can be obliged to come to work and the employee may refuse to perform work if it falls outside the reference days and hours. After six months, the employee may request a form of employment with more predictable and secure working conditions.


 

Maaike Koot

Maaike Koot

GGI member firm
TeekensKarstens advocaten notarissen
Law Firm Services
Alphen aan den Rijn, Amsterdam, Leiden, The Netherlands
T: +31 71 535 80 00
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W: tk.nl

TeekensKarstens advocaten notarissen (TK) is a full-service Dutch law firm with extensive experience in the field of international law. TK has established specific international teams to provide international clients with tailor-made services and information.

Maaike Koot is a lawyer at TK and part of the international corporate employment law team. Maaike advises on reorganisation and dismissal, (collective change of) employment conditions, sickness and reintegration, temporary employment law and management agreements.
 


Published: Employment Law Newsletter, No.12, Summer 2022l Photo: Shawn - stock.adobe.com

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