Public Consultation on the transposition by primary legislation of EU Directive 2019/1152 on Transparent and Predictable Working Conditions

Tá comhairliúchán dúnta

The Department of Enterprise, Trade and Employment is seeking views on new rights to improve terms and conditions for workers.

Directive 2019/1152 (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union aims at improving working conditions by promoting more transparent and predictable employment while ensuring labour market adaptability. It repeals Directive 91/533 EEC on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship and provides instead for more complete information on the essential aspects of the work to be received by the worker in writing at the beginning of the employment relationship. It also includes a new Chapter on minimum requirements relating to working conditions providing completely new material rights for the workers in the European Union.

The purpose of the EU Directive is to ensure that all workers will have:

more complete information on the essential aspects of the work, which is to be received early by the worker, in writing
a limit to the length of probationary periods at the beginning of a job
the right to seek additional employment, with a ban on exclusivity clauses and limits on incompatibility clauses
the right to know in a reasonable period in advance when work will take place – that is, for workers with very unpredictable working schedules, as in the case of on-demand work
anti-abuse legislation for zero-hour contract work
the right to request to be transferred to a form of employment with more predictable and secure working conditions where available and receive a reasoned written reply
the right to receive mandatory training required to carry out the job cost-free (such training shall be provided to the worker free of cost, shall count as working time and, where possible, shall take place during working hours

Transposition of the EU Directive will ensure that these rights cover all workers in all forms of work, including those in the most flexible non-standard and new forms of work such as zero-hour contracts, casual work, domestic work, voucher-based work or platform work. The Directive also contains targeted provisions on enforcement, to make sure that workers in the workplace effectively benefit from these rights.

The Employment (Miscellaneous Provisions) Act 2018 pre-empted many aspects of the Directive, for example, introducing an anti-penalisation provision, stronger penalties for non-compliance, restriction of zero hours contracts and more precise information on hours of work for employees. However, the Directive includes elements which go beyond the measures contained within that Act, and accordingly the Directive will require primary legislation to give it full effect.

The deadline for responses is 3pm on Monday, 25 October 2021.

Submissions should be sent to: TAPW@enterprise.gov.ie

Further information on the consultation and questions for stakeholders can be found in the consultation document below.

Further information on the EU Directive 2019/1152 on Transparent and Predictable Working Conditions may be found at EUR-Lex - 32019L1152 - EN - EUR-Lex (europa.eu).