Transposition of the directive regarding transparent working conditions: what are the consequences for HR?

The Directive 2019/1152 on transparent and predictable working conditions in the European Union has finally been transposed into law. This has been done through two sources of law. 

(1)    On 29 September 2022, the act partially transposing the Directive 2019/1152 on transparent and predictable terms of employment in the European Union was approved by the Chamber of Representatives. However, the law must still be published in the Belgian Official Gazette.

This act consists of three major components: 

• It guarantees the right to information on certain essential terms and employment conditions for private and public sector employees (including statutory civil servants);
• The act creates a number of new rights or expands existing rights for private sector employees and public sector contractors;
• The act introduces a number of new criminal sanctions in the Social Penal Code.

(2)    On the other hand, the Directive 2019/1152 is partially transposed, as far as employers covered by the collective bargaining law are concerned, by CBA no. 161 on the right for an employee to request a form of work with more predictable and secure working conditions, concluded in the National Labour Council. The CBA entered into force on 1 October 2022. The law still provides for a similar suppletive scheme for employees employed by employers who are not covered by the collective labour agreement, but this will not be discussed further in this e-zine.

Attached we outline the main changes following the act and CBA no. 161 by topic.