New Bill to Make Working Conditions More Transparent and Predictable

New Bill to Make Working Conditions More Transparent and Predictable

On September 7, 2022, a new bill No. 8070 (hereinafter, the “Bill”) was submitted to the Chamber of Deputies.

The purpose of the Bill is to transpose 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.

Context

Due to significant changes in the labor market caused by demographic evolution, digitalization of the economy, and the emergence of new forms of employment, it became necessary to ensure that workers are fully informed of the essential working conditions they are subject to, and that this information is provided in a timely, written, and accessible manner.

The main objective of the directive is to promote more transparent and predictable employment by improving workers’ access to essential information about their employment relationship, ensuring minimum requirements for working conditions, and enforcing strict compliance with these rules under national law.

It applies to all workers in the Union who are bound by a contract or more generally by an employment relationship under the laws, collective agreements, or practices in force in each Member State, while also taking into account the case law of the Court of Justice regarding the definition of a worker.

Ultimately, the directive aims to protect workers against any adverse treatment or consequences, particularly against dismissal as a response to exercising their rights under the directive.

---

Proposed Amendments

Bill No. 8070 proposes amendments to:

• the Labor Code;
• the law of 9 November 1990 establishing the Luxembourg Maritime Public Register;
• the law of 16 April 1979 laying down the general status of state civil servants;
• the law of 24 December 1985 laying down the general status of municipal civil servants.

---

Key Changes

1. Information to Be Provided by the Employer

The Bill expands the essential information to be communicated to employees, apprentices, posted workers, temporary workers, seafarers, civil servants (state and municipal), and other employees. Employers will be required to provide information regarding:

• Daily or weekly working hours;
• Terms of overtime;
• Basic remuneration and any agreed supplements;
• Duration and terms of the probationary period.

2. Regulation of Probation Periods for Fixed-Term Contracts (CDD)

The probation period for a fixed-term employment contract must be no shorter than two weeks and no longer than one-quarter of the contract’s duration.

3. Sanctions for Non-Compliance

The Bill introduces effective, proportionate, and dissuasive sanctions (administrative or financial such as fines or compensation) in cases where employers fail to comply with their obligations.

4. Transition to More Secure and Predictable Employment

Employees who have worked for at least six months may request conversion of a fixed-term contract (CDD) into a permanent contract (CDI). Employers must respond in writing, justifying any refusal.

The same applies to requests for switching from part-time to full-time work.

5. Free and Accessible Training

Employers required to provide training (by law or collective agreement) must do so free of charge. Time spent in training must count as actual working time.

6. Ban on Exclusivity Clauses

Any clause preventing an apprentice or employee from engaging in other employment outside of regular working hours is considered null and void.

Exceptions may apply if multiple jobs pose objective risks such as health and safety concerns, confidentiality, public service integrity, or conflict of interest.

---

Do not hesitate to contact us if you need further clarification or assistance regarding this Bill.