So, as just mentioned, new notice prohibitions are coming, as they are included in the EU directive. These new notice prohibitions mainly concern the study expense clause and the side employment clause.
As with the current notice prohibitions, these new notice prohibitions ensure that an employer cannot terminate the employment contract when an employee avails himself of them.
THE NEW NOTICE PROHIBITIONS:
Below we will explain the new notice prohibitions:
- You may not fire an employee for taking mandatory training at no cost and during working hours by law or collective bargaining agreement.
- The existence of ancillary work alone no longer provides a way to terminate the employment contract. Unless there is an ancillary work clause and the employer can objectively substantiate that the ancillary work conflicts with the business interest.
- If employees do not want to work beyond the agreed-upon working hours, they are protected by the application of this notice prohibition. Therefore, the employee cannot be fired for this reason.
- An employee can no longer be fired for requesting the establishment of a fixed scope of employment. If employment has lasted at least 26 weeks, the employee may make such a request.
- Is there information missing from your employee’s employment contract? If so, an employee always has the right to request information from the employer. Should incorrect information have been provided and the employee suffered damages as a result? Then, without risk, the employee can hold you liable as the employer.
- If an employee is going to work in another EU member state in the context of international posting, he or she has the right to request information regarding his or her primary and secondary working conditions. When an employee makes such a request, he is protected from dismissal by a notice prohibition.