How does the EU directive affect the Flexible Working Act, what are the consequences for employers?

EU Directive
The aim of this EU Directive is to improve working conditions by promoting more transparent and predictable employment while ensuring adaptability in the labour market. The Directive sets out minimum rights, and updates the rules on the information to be provided to workers concerning their working conditions.
The Directive contributes to strengthening the social dimension of Europe as part of the application of the European Pillar of Social Rights. 

Addition of Article 2b in the Flexible Working Act

  • Employment agreements must be provided one week after commencement of work. These must include all the necessary information in terms of salary, days off, pension, working days and times. It may take the form of a reference to a manual, as long as it is made available.
  • As of 1 August 2022, the prohibition of ancillary activities (working for multiple employers) will no longer be permitted. You are therefore required to amend your employment agreements.
  • Training that is compulsory for work must be paid for by the employer.  
  • After 26 weeks, employees (on-call or min-max contracts) may ask for more 'consistency'.

What do you have to do?

  • Provide a correct and timely employment agreement, make sure it is signed before the probationary period.
  • Update your ancillary work clause. The old version is null and void as of 1 August 2022. You may not prohibit ancillary activities, but you may require employees to ask for permission. You can then give a written, motivated response. Rejection is only permitted if you have a 'good, objective reason' (health and safety, protection of confidentiality of company information, integrity of public services, avoidance of conflicts of interest.
  • Update your study expenses clause. Make an inventory of which training courses may be compulsory on the basis of a collective labour agreement, national law or by an authorised governing body.
  • Regulate how employees can apply for a contract with a fixed scope of work. Always provide a written, motivated response within a month. 
  • For the above, a response period of one month applies.
  • A small employer (<10 employees), may respond within 3 months.

Source:, XpertHR,