Further criticism of the implementation of the Working Conditions Directive

The Bundestag is about to decide on the implementation of the EU Working Conditions Directive. The skilled trades sector continues to criticize the federal government's draft legislation. Bakers are demanding improvements.

This article is part of the special feature on bureaucratic madness in the skilled trades.

With the Directive on Transparent and Predictable Working Conditions, the European Commission aims to create new rights for employees and, in particular, to protect those in precarious employment. Employers should not be burdened with additional costs . At the heart of the Directive is the expansion of employers' obligation to provide information on the essential aspects of the employment relationship . This also includes the establishment of minimum requirements for working conditions with regard to the maximum duration of probationary periods, multiple employment, minimum predictability of work, requests for a transition to a different form of employment, and mandatory training. Targeted enforcement provisions are intended to ensure that employees actually benefit from the new rules in their workplaces.

Statement: Read more about the ZDH's criticism here . EU member states must transpose the directive into national law this year . In mid-January, the Federal Ministry of Labour and Social Affairs presented a draft bill . Even then, the German Confederation of Skilled Crafts (ZDH) criticized the draft, stating that while it "essentially" implemented the requirements of the Working Conditions Directive, it went beyond the EU Commission's requirements and disregarded its own commitment to a one-to-one transposition of European regulations into German law. The ZDH feared additional bureaucratic burdens , particularly for small and medium-sized enterprises without their own legal or human resources departments.

Bakers criticize excessive bureaucracy

The German government has now passed a draft law. The Central Association of the German Bakery Trade is now criticizing the draft and demanding less bureaucracy in labor law . The German economy, and the baking industry in particular, is struggling with the raw materials and energy crisis. Added to this is the " excessive bureaucracy " that is hindering many businesses, according to the association. "The traffic light coalition promised less bureaucracy and more digitalization, but is not following through on its promises. Clear opportunities are not being recognized and seized." The implementation of the Working Conditions Directive is the latest example of this. Labor Minister Hubertus Heil (SPD) is preventing employment contracts and other essential contractual terms from being available digitally instead of on paper with his draft law.

"The employer must put the essential terms of the employment contract (...) in writing , sign the document, and hand it over to the employee," the draft states. In light of the digitalization and increasing flexibility of jobs, this is outdated . Employment contracts must also be able to be transmitted by email. The German Bakers' Association is therefore appealing to the Bundestag to amend the law and allow for digital text form for employment contracts. Furthermore, the Ministry of Labor is proposing stricter requirements than originally intended by the EU: "The draft law goes too far. Instead of transposing the directive into German law verbatim as promised, the requirements of the EU directive are once again being tightened through the back door," says Daniel Schneider , Managing Director of the German Bakers' Association.

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Fines threatened

This applies to the information on rest breaks and the deadline for filing a claim for unfair dismissal that will be required in the future . "Furthermore, it is incomprehensible why the German draft law ignores the possibility of digital transmission, which is expressly permitted under European law . In times of digitalization and increasing flexibility in the workplace, this is unbelievable," explains Schneider. In the future, significantly more contract details will have to be put in paper form. This contradicts the wishes of both companies and employees. Employers even face a fine of up to €2.000 for each violation . Schneider: "The exclusive requirement of written form for employment contracts and other essential contractual terms is unnecessary bureaucracy and should be abolished ."

practical tip

You can read about the specific requirements the draft law imposes on companies here: > New obligations for employers from August

DHB is now also available digitally! Simply click here and register for the digital DHB!