End of October 2022 status of the implementation of EU Directive 2019/1152 by member states

Not known

So far there is no draft legislation on this directive.

Note that Austrian employment law already meets many of the legal requirements of the directive, but changes, especially regarding procedural rules, are still required.

The CBA nr 161 adopted by the National Labour Council on 27 September 2022, partially implements EU Directive 2019/1152. 

The above CBA establishes the right for the employee with at least six months of seniority with the same employer to request a form of work with more predictable and certain working conditions. The CBA guarantees the exercise of this right.

 
The CBA also specifies the additional conditions whereby the worker can request predictable working conditions and protects the employee making this application against dismissal or unfavourable treatment by the employer. If this protection is violated, the employer will have to pay the employee damages of four to six months' remuneration.

link (FR)

link (NL)

The changes involve, among others, an obligation for the employer to notify employees about any amendments to their employment relationship by the date of entry into force of the amendments at the latest (previously, information had to be provided within one month from entry into force of the amendments at the latest); and a shorter probation period for fixed-term employment contracts with a duration of up to one year; etc.

• The Directive is not formally implemented in Croatia yet.
• Croatian legislation already includes many provisions that the Directive prescribes.
• Croatian Labour Law is currently in the process of being amended. It is expected that this amendment will formally implement the subject Directive.

Although not official, the Croatian Labour Law amendment should come into force sometime at the end of 2022.

• The Czech legislation is not fully aligned with the directive yet
• Legislative process is at its early stage
• Completion time cannot be estimated

The Directive has not yet been transposed into legislation.

A draft transposition law was adopted by the Council of Ministers on 6 May 2022, but the procedure is still ongoing.

According to our research, the transposition of this Directive will include minor modifications of French legislation (particularly regarding the duration of the trial period) since it is already compliant on most points.

• The legislative process is finished
• The law entered into force on 1 August 2022

No Hungarian draft legislation has been published to date on the implementation of the Directive. However, the law currently in force, Act 1 of 2012 on the Labour Code, should be amended to conform with the Directive. 

However, major changes are not expected to the legislation since the Labour Code already regulates most of the provisions of the Directive.

The implementation status must be checked again at a later date: shortly before 1 August 2022.

Legislative Decree No. 104/2022, which implements European Directive No. 2019/1152 on transparent and predictable working conditions, has been published in the Official Journal.
This Decree, entering into force on 13 August 2022, amends, among other things, Legislative Decree No. 152/1997, introducing additional information that employees (but also other types of workers) must receive in connection with their work performance.
Find on this link a brief summary of the main provisions.

• The legislative process is in the early stages;
• A completion time cannot be estimated;
• The transposition deadline of 1 August 2022 cannot be met.

The Dutch Act on Transparent and Predictable Employment Conditions is effective as of 1 August 2022. The most important changes involve the following:

1. Ancillary activities clause 
2. Study costs clause 
3. Unpredictable work pattern
4. Predictable employment conditions
5. Information obligation

For more detailed description of these 5 most important changes according to the Act on transparent and predictable employment conditions, check out this link.

Poland has not implemented the Directive yet. 

The government proposed a draft law implementing the Directive into Polish law and consulted with social partners about the draft. Implementation of the Directive requires changes to the Polish Labour Code.

The government plans for the draft legislation to come into force on 1 August 2022, but may not adhere to this deadline. 

The Directive has not yet been transposed into Portuguese legislation.

Nevertheless, Portugal's parliament approved the law that operates the Directive's general transposition on 8 July 2022. Thus, the legislative process is expected to be completed by 1 August 2022.

No major changes to Portuguese labour law are envisaged since most of the existing regulations are in line with the provisions of the Directive.

Romania transposes EU Directive on transparent and predictable working conditions into law (cms-lawnow.com)

• The amendment to the Labour Code transposing the Directive was approved by the Slovak Parliament on 4 October 2022. 
• The law is scheduled to go into effect on 1 November 2022.

The CMS Bratislava office previously held a webinar on the draft, which was well attended and underscores that Slovakian business leaders are preparing for the Directive's transposition.

The Directive has not yet been transposed into Slovenian legislation. However, major changes to the legislation are not expected since Slovenia's Employment Relationship Act regulates most of the provisions of the Directive.