Implementation of the EU Directive on Transparent and Predictable Working Conditions

The Directive (EU) 2019/1152 on Transparency and Predictability of Working Conditions (the “Directive”) is due to be transposed into Irish law on 2 August 2022.

• The Directive prescribes what terms and conditions of employment must be set out in writing for all types of employees and the timings for doing so.
• Existing Irish legislation, most notably the Terms of Employment Information Act 1994 (the “1994 Act”) and the Employment (Miscellaneous) Provisions Act 2018 (the “2018 Act”) have already implemented many aspects of the Directive but other changes are required to be implemented. The key changes relate to the timing of the requirements to notify employees of their written terms of employment, probationary periods and exclusive service arrangements.
• The draft legislation to implement the Directive is not yet finalised and as such the deadline of 2 August 2022 may not be feasible for the implementation of the Directive.
• Employers should plan to review their template contracts of employment to ensure consistency with the Directive.

This update provides guidance for employers in Ireland.