Transparency in Work Relations: Transposition of Directive (EU) 2019/1152 in the European Union

Our selection :

° TRANSPARENCY IN WORK RELATIONS

• Decree No. 2023-1004 of October 30, 2023 transposing Directive (EU) 2019/1152 of the European Parliament and of the Council of June 20, 2019 relating to transparent and predictable working conditions in the European Union

The text proceeds to transposition of Directive (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, the legislative aspect having been transposed by Articles 19 and 20 of the law No. 2023-171 of March 9, 2023 relating to various provisions for adaptation to European Union law in the fields of economy, health, work, transport and agriculture.

It specifies in particular the main information relating to the employment relationship that the employer must provide to the employee, both that due to any employee and that due to employees called to work abroad, as well as the methods of establishment and delivery. of these.

It also defines the terms of information on positions to be filled within the company under a permanent contract to the employee holding a fixed-term employment contract with continuous seniority of at least six months in the company and to temporary employee with continuous seniority of at least six months in the user company who request it.

It consistently modifies the list of information that must be mentioned in the simplified single declaration, thus allowing this declaration to continue to serve as an employment contract for intermittent workers in the entertainment industry, as well as those given by the employer to seafarers, by adapting and specifying the terms of their delivery, …

° Information due to all employees…

Art. R. 1221-34 : the documents mentioned in article L. 1221-5-1 contain at least the following information:

• the identity of the parties to the employment relationship; the place or places of work and, if distinct, the address of the employer ;
• the job title, functions, socio-professional category or employment category.

In the case of a work relationship has determined time :

• the end date or duration expected of it.
• In the case of the employee temporary mentioned in article L. 1251-1, the identity of the user company, when and as soon as it is known.
• If applicable, the duration and conditions of the trial period,
• the right to training insured by the employer in accordance with article L. 6321-1.
• The duration of paid leave to which the employee is entitled, or the methods for calculating this duration.
• The procedure to be followed by the employer and the employee in the event of termination of their employment relationship.
• THE constituent elements of the remuneration mentioned in Article L. 3221-3, indicated separately, including increases for overtime, as well as the frequency and terms of payment of this remuneration.
• The working time daily, weekly, monthly or its arrangements over another reference period when the provisions of articles L. 3121-41 to L. 3121-47 are applied,
• THE conditions under which the employee may be required to work overtime or additional hours as well as, where applicable, any arrangements concerning team changes in the event of work being organized in successive alternating teams.
• THE collective agreements and agreements applicable to employees in the company or establishment.
• THE compulsory schemes to which the employee is affiliated, mention of complementary social protection contracts from which employees benefit collectively in application of a collective agreement or a unilateral decision of the employer as well as, where applicable, the seniority conditions attached thereto.

Art. R. 1221-35 : he sets maximum communication times by nature of questions… (suite), ci-joint.

Find every day, before 9 a.m., 7 days a week, the main texts of the day’s Olympic Games, which are of interest to the UNSA, Public/Private Sector, its federations and autonomous unions, negotiators from branches and professional sectors, delegates unions, social and economic committees and all UNSA members…

But also, an “ecological transition” version of this same Official Journal with the texts of the day linked to the environment, biodiversity, the state of the climate…

Author, Legal Service Pole of the UNSA National Legal Sector,

For any questions, [email protected]

For the full Olympics of the day: