Directive (EU) 2019/1152 of the European Parliament and of the CouncilShow full title

CHAPTER II U.K. INFORMATION ABOUT THE EMPLOYMENT RELATIONSHIP

Article 4 U.K. Obligation to provide information

1. Member States shall ensure that employers are required to inform workers of the essential aspects of the employment relationship.

2. The information referred to in paragraph 1 shall include at least the following:

(a) the identities of the parties to the employment relationship;

(b) the place of work; where there is no fixed or main place of work, the principle that the worker is employed at various places or is free to determine his or her place of work, and the registered place of business or, where appropriate, the domicile of the employer;

(c) either:

(i)

the title, grade, nature or category of work for which the worker is employed or

(ii)

a brief specification or description of the work;

(d) the date of commencement of the employment relationship;

(e) in the case of a fixed-term employment relationship, the end date or the expected duration thereof;

(f) in the case of temporary agency workers, the identity of the user undertakings, when and as soon as known;

(g) the duration and conditions of the probationary period, if any;

(h) the training entitlement provided by the employer, if any;

(i) the amount of paid leave to which the worker is entitled or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave;

(j) the procedure to be observed by the employer and the worker, including the formal requirements and the notice periods, where their employment relationship is terminated or, where the length of the notice periods cannot be indicated when the information is given, the method for determining such notice periods;

(k) the remuneration, including the initial basic amount, any other component elements, if applicable, indicated separately, and the frequency and method of payment of the remuneration to which the worker is entitled;

(l) if the work pattern is entirely or mostly predictable, the length of the worker’s standard working day or week and any arrangements for overtime and its remuneration and, where applicable, any arrangements for shift changes;

(m) if the work pattern is entirely or mostly unpredictable, the employer shall inform the worker of:

(i)

the principle that the work schedule is variable, the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours;

(ii)

the reference hours and days within which the worker may be required to work;

(iii)

the minimum notice period to which the worker is entitled before the start of a work assignment and, where applicable, the deadline for cancellation referred to in Article 10(3);

(n) any collective agreements governing the worker’s conditions of work or in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of such bodies or institutions within which the agreements were concluded;

(o) where it is the responsibility of the employer, the identity of the social security institutions receiving the social contributions attached to the employment relationship and any protection relating to social security provided by the employer.

3. The information referred to in paragraph 2(g) to (l) and (o) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those points.

Article 5 U.K. Timing and means of information

1. Where not previously provided, the information referred to in points (a) to (e), (g), (k), (l) and (m) of Article 4(2) shall be provided individually to the worker in the form of one or more documents during a period starting on the first working day and ending no later than the seventh calendar day. The other information referred to in Article 4(2) shall be provided individually to the worker in the form of a document within one month of the first working day.

2. Member States may develop templates and models for the documents referred to in paragraph 1 and put them at the disposal of worker and employer including by making them available on a single official national website or by other suitable means.

3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or universally applicable collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals.

Article 6 U.K. Modification of the employment relationship

1. Member States shall ensure that any change in the aspects of the employment relationship referred to in Article 4(2) and any change to the additional information for workers sent to another Member State or to a third country referred to in Article 7 shall be provided in the form of a document by the employer to the worker at the earliest opportunity and at the latest on the day on which it takes effect.

2. The document referred to in paragraph 1 shall not apply to changes that merely reflect a change in the laws, regulations and administrative or statutory provisions or collective agreements cited in the documents referred to in Article 5(1), and, where relevant, in Article 7.

Article 7 U.K. Additional information for workers sent to another Member State or to a third country

1. Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the employer shall provide the documents referred to in Article 5(1) before the worker’s departure and the documents shall include at least the following additional information:

(a) the country or countries in which the work abroad is to be performed and its anticipated duration;

(b) the currency to be used for the payment of remuneration;

(c) where applicable, the benefits in cash or kind relating to the work assignments;

(d) information as to whether repatriation is provided for, and if so, the conditions governing the worker’s repatriation.

2. Member States shall ensure that a posted worker covered by Directive 96/71/EC shall in addition be notified of:

(a) the remuneration to which the worker is entitled in accordance with the applicable law of the host Member State;

(b) where applicable, any allowances specific to posting and any arrangements for reimbursing expenditure on travel, board and lodging;

(c) the link to the single official national website developed by the host Member State pursuant to Article 5(2) of Directive 2014/67/EU of the European Parliament and of the Council(1).

3. The information referred to in point (b) of paragraph 1 and point (a) of paragraph 2 may, where appropriate, be given in the form of a reference to specific provisions of laws, regulations and administrative or statutory acts or collective agreements governing that information.

4. Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.

(1)

Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).