Part 2 – The Regulations

Scope and Application

The amendments emerging from the Transparent and Predictable Working Conditions Regulations apply to all employees in the EU who possess an employment contract, collective agreements or practice as employees in each Member State (MS). Some parts of the Regulations also apply to seafarers and sea fishermen.

The rights and obligations delineated in the Regulations are to apply to ALL employment relationships retrospectively, by 1^st August 2022. Further, if a collective agreement is introduced or implement and is more favourable than the Regulations, then the collective agreement will override.

Important Definitions

The Regulations now provide for significant definitions, that were completely absent from the Information to Employees Regulations. Refer to article 3 of the Regulations which provides for such list, including among others, definitions of:

• Reference hours and days; this means time slots in specified days during which work can take place at the request of the employer;
• Work pattern; this means the form of organisation of the working time and its distribution according to a certain pattern determined by the employer;
• Work schedule; this means the schedule determining the hours and days on which performance of work starts and ends;
• Zero-hour contract – this means a contract of employment where an employee is required to be available for work when needed by the employer, and the employer promises payment on the basis of...

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