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HR update
Probationary Period
With effect from 1 August 2022, in situations where an employee is subject to a Probationary Period at the commencement of employment, that period shall not exceed six months, except in limited circumstances as provided for in the regulations. In those limited exceptions the maximum period may be extended to no more than twelve months.
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A watch out in relation to this change is that if perhaps you have an employee who commenced employment before the 16th December 2022 and was subject to a probationary period longer than 6 months, and has completed at least 6 months service with you, their probation will now expire on 1st February 2023, if that date is earlier than the end of the contractual probationary period.
Parallel Employment
The Directive ensures that an employer shall not prohibit an employee from taking up employment with another employer, outside of the work schedule established with the first named employer. An employer shall not subject an employee to adverse treatment for taking up employment with another employer.
Mandatory Training
Where an employer is required by law or collective agreement to provide training to an employee to carry out the work for which they are employed, such training shall be provided to the employee free of cost and shall count as working time. Where possible, this training should take place during working hours.
Organisation of Working Time Act 1997
Section 17 of the Organisation of Working Time Act 1997 (OWTA) is amended by section 13 of the 2022 Regulations to provide that:
• As well as the minimum notice period specified in the OWTA, a work assignment now must take place within the reference hours and days notified to the employee as part of their written terms.
• Where the notice of a work assignment provided to an employee is not within the minimum notice period of 24 hours or the work assignment is to take place outside the reference hours and days, the employee has the possibility to refuse the work assignment without adverse consequences.
