New law offers more rights and flexibility for employees

The new law that came into effect on 1 August 2022, in short, offers more flexibility for employees, according to Houweling: “This law will mean that many employees can easily work a second or third job and that employers have to accept that.” Employers can no longer (contractually) prohibit their employees from working another job simultaneously. However, this prohibition is still possible when the employer has good reason to do so, explains Houweling: “Examples are the employee’s health, working hours, or a conflict of interest when someone wants to work at a company that is a direct competitor for example.” This new rule is not just good news for those who sign an employment contract after 1 August because these new rights will apply directly to all employees in the EU.

Another significant change relates to the rules and regulations in the field of employee training. Previously, employers could easily exclude flex workers, like freelancers and temporary workers, from training and courses. It is hard for employers to assess how long these employees will stay at the company, according to Houweling: “An employer sees an employee arriving on one day, invests in them, and sees the same employee leave the next day to another employer.” Making a distinction between flex workers and other employees is no longer possible under the new law, explains the Professor of Labour Law. In addition, employers are no longer allowed to recover the costs of compulsory training from employees, and the time involved in following training and courses is now regarded as working time and must, in principle, take place during regular working hours.