What is the TVA Act?
The Law on Transparent and Predictable Working Conditions (Wet TVA) concerns clear and predictable working conditions and the obligation of employers to provide employees with more information about the terms and conditions of employment. In addition, the employer must also explain the rights and obligations at the start of the employment. In short, the law oversees changes in the areas of training, unpredictable work, secondary employment and the employer's duty to provide information. The law applies directly from 1 augustus 2022.
What are the most important changes?
Duty to inform
The employee get more insight in his or her rights. The new law expands the information that HR provides to the employee upon commencement of employment. Think of specifying the workplace(s), but also all rights to paid leave, the procedure for termination of the employment contract and the training policy. As an employer it is wise to include all provisions directly in the employment contract, so that the employee can sign it before starting employment. It is legally required to provide part of the information within one week after the first working day and the remaining part within one month after the start of the work. If you do not do this and the employee suffers damage, you can be held liable. You do not have to amend existing employment contracts, but if an employee requests information you are obliged to provide an answer within one month.
Limitation of the prohibition on secondary employment
Some employees want to engage in other paid work in addition to their job. The employer may not prohibit the employee side activities op te pakken. This can, according to the law, only be done when the employer has an objective justification. Think of health and safety, the protection of the confidentiality of company information up to the avoidance of conflicts of interest. In the employment contract the employer can state when an objective justification is present. Although he is not obliged to do so.
Study costs clause
When it concerns training that is for the employee necessary is to be able to perform his or her function, then it is no longer possible for the employer to recover the costs from the employee. Also earlier agreements on repayment are no longer valid as of 1 augustus. As an employer you must then offer the training free of charge. Under the law, necessary training is considered working time. An employee is entitled to continued payment of his salary during this training. Employers can choose to provide the training themselves or to engage a third party. When training is not necessary for the position, employer and employee can agree that the employee will repay the costs.
The right to a predictable work pattern
There is a case of a unpredictable work pattern when more than half of the employee's working hours are not specified in the employment contract. This often occurs with flexible workers . For these employees the employer must henceforth include in the employment contract that the times at which the work is performed are variable. It must also be stated in the contract on which days and at which hours the employee is required to come to work. If you call the employee outside these agreed times, he is not obliged to come to work. And henceforth clarity must be provided in the employment contract about the days and times to be worked (reference days).
