Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 452.126 · Transparent And Predictable Working (S.L. 452.126)

S.L. 452.126 Art. 5Obligation to provide information. S.L. 452.87.

In KraftAmtlicher Text

(1) Employers are required to inform workers of the essential aspects of the employment relationship. These shall include at least the following:

(a) the name, registration number and registered place of business of the employer and a legally valid identification document number, gender, and address of the employee and the place of work:

Provided that in the absence of a fixed place of work it should be stated that the employee will be employed at various places together with the registered place of business:

Provided further that if there is no registered place of business, the domicile of the employer is to be stated;

(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 place of work, and the registered place of business or, where appropriate, the domicile of the employer;

(c) the title, grade, nature or category of work for which the worker is employed;

(d) brief specification or description of the work;

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

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

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

(h) the duration and conditions of the probationary period;

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

(j) the amount of paid leave to which the worker is entitled, including but not only, vacation leave, paternal leave, parental leave, maternity leave, carer’s leave, urgent family leave, bereavement leave, marriage leave, quarantine leave, jury service leave, sick leave and injury leave, or, where this cannot be indicated when the information is given, the procedures for allocating and determining such leave;

(k) without prejudice to article 36 of the Act, 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;

(l) without prejudice to Title I of Part III of the Act, and every other legislation in force laying down the minimum remuneration, overtime and special rates of pay, the remuneration including the initial basic amount, any other component elements, if applicable, indicated separately, the frequency and method of payment of the remuneration to which the worker is entitled and the conditions under which fines may be imposed by the employer and their quantum;

(m) without prejudice to the Organisation of Working

Time Regulations, and other more specific provisions relating to the organisations of working time for certain occupations or occupational activities, 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 WORKING CONDITIONS

and, where applicable, any arrangements for shift changes;

(n) 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 of the work assignment;

(o) 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;

(p) 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.

(q) any other relevant or applicable condition of employment:

Provided that where an employer engages a person under a contract for service as an outworker for an undertaking, he shall provide the employee with a signed statement showing:

(a) the name, registration number and registered place of business of the employer and a legally valid identification document number and address of the employee; and

(b) the rate to be paid for the work; and

(c) any special conditions regulating the contract.

(2) The information referred to in sub-regulation 1(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 that information.

(3) The obligation to provide information referred to in sub-regulation (1) shall be without prejudice to the minimum conditions laid down in any applicable laws, regulations and administrative or statutory provisions.