Employer's obligation to
inform employees of the conditions applicable to the
employment contract or relationship
The European Union
1) OBJECTIVE
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.
3) CONTENTS
- Scope
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.
- 2.
- 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.
- 3.
- 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.
- 4.
- 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.
- 5.
- Any change to the terms of the contract or employment
relationship must be recorded in writing.
- 6.
- 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
30.06.1993
5)
DATE OF ENTRY INTO FORCE (if different from the above)
6) REFERENCES
Official Journal L 288, 18.10.1991