In view of the increase in the number of types of employment relationship, the aim is to protect employees who are unaware of their rights by establishing at Community level the obligation for employers to inform employees of their terms and conditions of employment in writing.
2) COMMUNITY MEASURES
Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship.
The Directive applies to all paid employees with a contract or employment relationship defined and/or governed by the law in force in a Member State. Member States may exclude workers who have a contract or employment relationship:
- with a total duration not exceeding one month or with a working week not exceeding eight hours; or
- of a casual and/or specific nature where there are objective considerations justifying non-application of the Directive.
- Obligation to provide information
Employers must provide employees with the following basic information:
- identity of the parties;
- place of work;
- title, grade, nature or category of work or brief job specification;
- date of commencement of contract or employment relationship;
- in the case of a temporary contract or employment relationship, its expected duration;
- amount of paid leave or procedures for allocating and determining such leave;
- periods of notice to be observed by the employer and the employee should their contract or employment relationship be terminated or, where this cannot be indicated, method for determining such periods of notice;
- basic amount, and other components of remuneration and frequency of payment;
- length of working day or week;
- any relevant collective agreements.
- Means of information
The information may be set out in a written contract of employment, in a letter of engagement or in one or more other written documents. These must be given to the employee within two months of commencement of employment, failing which the employee must be given a written declaration signed by the employer.
- Expatriate employees
Employees required to work in another country must be in possession before departure of one of the documents referred to at point 3 above, which must include the following additional information:
- duration of employment abroad;
- currency to be used for payment of remuneration;
- any benefits in cash or kind attendant in relation to expatriation;
- where appropriate, the conditions governing repatriation.
These provisions do not apply where the duration of employment abroad is less than one month.
- Any change to the terms of the contract or employment relationship must be recorded in writing.
- The Directive does not affect the Member States' prerogative to apply or introduce provisions which are more favourable to employees.
4) DEADLINE FOR IMPLEMENTATION OF THE LEGISLATION IN THE MEMBER STATES
5) DATE OF ENTRY INTO FORCE (if different from the above)
Official Journal L 288, 18.10.1991
This summary is online: http://www.europa.eu.int
Globalization and Workers' Rights