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Update work rules and template employment agreement required

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As a result of recent legislation, such as the Act on transparent and predictable working conditions, the Labour deal and the draft law on various provisions relating to incapacity for work, work rules will need to be updated. In addition, we recommend reviewing the template employment agreement.  

Work rules

All employers must include a number of new dispositions in the work rules, such as the right to training or additional information regarding the termination of the employment agreement, including the possibility to appeal against dismissal.

Other adjustments are only necessary when employers wish to introduce certain new systems (e.g. four-day week or alternative work week) or are only mandatory for certain employers (e.g. derogation from the general rule of mandatory sick note for first day of incapacity for employers with less than 50 employees). 

Some adjustments must already be in place from 10 November 2022, even though we do not expect immediate sanctions to be imposed if this is not the case by then. Other adjustments, such as the right to disconnect, should in principle only be in place from 1 January 2023, provided no industry CBA or a  CBA concluded at national level on the topic has been concluded before. 

Some adjustments require the specific amendment procedure to be followed (works council consent or employee comments), others do not. 

We recommend making all adjustments at once and fully screening the work rules at the same time, especially if this has been a while already. 

Employment agreement

We also recommend reviewing certain clauses in your template employment agreement, such as the exclusivity clause or the intellectual property rights clause.

To do:

Contact your contact person at Lydian in order to make these adjustments to your template documents.