Employment Information Directive 1991
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The Employment Information Directive 1991
91/533/EEC
of 14 October 1991, also known as the "Written Statement Directive",European Commission
Written Statement Directive survey: Have your say on EU law regarding information on work conditions
accessed 27 April 2019
or the "Employment Information Directive" was an
EU Directive The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
which regulates
European labour law European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creatin ...
for the purpose of making workers' contracts transparent. It has been superseded by the Employment Information Directive 2019. The Directive requires EU governments to introduce legislation which gives employees within their jurisdiction the right to be notified in writing of the essential aspects of their employment relationship when it starts or shortly afterwards. Some Member States (but not all) require the conclusion of a detailed written employment contract. According to the
European Commission The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...
, "the aim of Directive 91/533/EEC is to provide employees with improved protection, to avoid uncertainty and insecurity about the terms of the employment relationship and to create greater transparency on the labour market. To this end, the Directive states that every employee must be provided with a document containing information on the essential elements of heir
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
or employment relationship.European Commission
Working Conditions - Individual Employment Conditions - Written Statement
accessed 27 April 2019
Coverage is variable because it is linked to the definition of an employment contract or employment relationship adopted by the relevant member state, and member states could choose to exclude short term contracts (less than on month), short working weeks (less than eight hours per week) and casual labour from the scope of their implementing regulations.


Content

*Art 1(2) member states can disapply the Directive for people (a) working under one month or with a working week under eight hours, or (b) with jobs ‘of a casual and/or specific nature’ if this is justified by objective considerations. *Art 2(1) obligation to notify an employee ‘of the essential aspects of the contract or employment relationship’. (2) this covers at least (a) identity of parties (b) place of work or employer's domicile (c) title, grade, category or nature of work, or a brief description of the work (d) commencement date (e) for temporary contracts, expected duration (f) paid leave (g) periods of notice or method for determining (h) initial pay (i) working time (j) where appropriate, the collective agreement or joint representation institutions. (3) leave, notice, pay and time can be given in the form of laws, regulations or collective agreements. *Art 3(1) the information can be in a written contract, letter of engagement or one or more written documents (2) if none of those given in the prescribed period, employer is obliged to give the art 2(2) information in two months (3) if the work ends in two months the information must be given by the end of the period *Art 4, expatriate employees need to be told the duration of their employment abroad (unless one month or less), currency, other benefits, and conditions for repatriation *Art 5, modification must be made in writing available at least one month after *Art 6, form and proof of contracts are a matter of national law, which is not affected. *Art 7, more favourable provisions can be made *Art 8, employees must have a remedy available in their member state *Art 9, implementation by 30 June 1993


Review of Directive

An evaluation of the directive was undertaken in 2016. An alternative directive on "Transparent and Predictable Working Conditions" has been proposed. This will, if adopted, replace Directive 91/533/EEC, but until its adoption and entry into force, Directive 91/533/EEC remains applicable.


See also

*
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
*
European labour law European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creatin ...
* Employment Information Directive 2019.Employment Information Directive 2019/1152
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References

{{reflist European Union labour law United Kingdom labour law 1991 in the European Economic Community 1991 in labor relations 1991 in law 91/533/EEC