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 topic Bureaucratic madness in the craft industry

The Directive on transparent and reliable working conditions wants the European Commission new Rights for employees and especially protect people in precarious employment situations. Employers should not be burdened additionallyThe core of the directive is the extension of the Employer’s obligation to inform about the essential aspects of the employment relationshipThis also includes the establishment of minimum requirements for working conditions with regard to the maximum length of probationary periods, multiple employment, minimum work predictability, requests for transition to another form of work, and mandatory training. Enforcement provisions are intended to ensure that employees really benefit from the new rules in their workplace.

StellungnahmeRead more about Criticism of the ZDH.EU Member States must implement the directive this year in implement national lawIn mid-January, the Ministry of Labour had issued a draft Even then, the Central Association of German Crafts (ZDH) stated in a statement that the ministry was implementing the provisions of the Working Conditions Directive with the draft "essentially", but go beyond the requirements of the EU Commission and thereby disregarded its own claim of an exclusive one-to-one implementation of European regulations into German law. The ZDH feared that this would be particularly harmful for small and medium-sized enterprises without their own legal or human resources departments. additional bureaucratic burdens.

Bakers criticize excessive bureaucracy

The federal government has now passed a draft law. Now the Central Association of the German Bakery Trade the draft and calls less bureaucracy in labor lawThe German economy and especially the bakery trade have had a lot to do with the Raw materials and energy crisis to fight. In addition, there is the "excessive bureaucracy", which is slowing down many companies, according to the association. "The traffic light coalition has promised less bureaucracy and more digitalization, but is not living up to its words no actions Clear opportunities are not recognized and seized." The implementation of the Working Conditions Directive is the most recent example of this. Labour Minister Hubertus Heil (SPD) is preventing with its draft law that employment contracts and other essential contractual conditions in the future digital instead of paper possible are.

"The employer has the essential contractual terms of the employment relationship (…) to be recorded in writing, to sign the minutes and hand them over to the employee," the draft states. In the course of digitalization and flexibilization of jobs, the not contemporaryEmployment contracts should also be able to be sent by email. The Bakers' Association therefore appeals to the Bundestag, to adapt the and to enable the digital text form for employment contracts. The Ministry of Labor also sees strict guidelines than originally intended by the EU: "The draft law overshoots the mark. Instead of implementing the directive one-to-one into German law as promised, the requirements of the EU directive are once again being tightened through the back door," says Daniel Schneider, General Manager of the Bakers’ Association.

Fines threatened

This applies to the future mandatory Information on rest breaks or the Deadline for filing a claim for unfair dismissal"It is also not understandable why the German draft law does not allow the possibility of digital delivery, which is expressly granted in European law. ignored. In times of digitalization and flexibilization of the working world, this is unbelievable," explains Schneider. In the future, significantly more contract contents will have to be recorded in paper form. This contradicts the wishes of companies and employees. For each violation, employers even face a Fine of up to 2.000 euros. Schneider: "The exclusive requirement of written form for employment contracts and other essential contractual terms is unnecessary bureaucracy and should be eliminated."

practical tip

What specific requirements Read here what the draft law does to companies: > New obligations for employers from August

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