Written Information on the Principal Terms of Work
The employer must provide the employee with written information on the principal terms of work when the employment contract is concluded until further notice or it is intended to continue beyond a period of one month. The report must be provided without request where the employment contract itself is not in writing or the principal terms thereof are not incorporated in a written employment contract. The same information should also be given in leased labour situations when the employer it requests even when the contract lasts less than a month.
It must be emphasized that the report is not the employment contract itself. Terms agreed upon in writing, orally or electronically, take precedence over terms set out in the written report if there is a conflict between such.
The report must be made available to the employee before the end of the first salary payment period, which is usually a fortnight or a month.
The employer is also under an obligation to provide a written report where the same parties have concluded several consecutive fixed term employment contracts for a period under one month each on the same terms. The employer has a obligation to give the written information even if the same parties conclude repeatedly fixed term contacts with the same term and conditions that last less than a month.
The employer may fulfill the reporting obligation by giving the employee one or more documents setting out conditions applicable to the employment relationship. The report or part of it may also be given by way of reference to an applicable collective bargaining agreement or legal provision.
The report must as a minimum set out:
the employer’s and employee’s habitual residence or place of business;
time of commencement of the employment;
duration and ground of a fixed term employment contract;
possible trial period;
place of work or, if there is no principal fixed place of work, an explanation of the principles in accordance with which the employee is working at different workplaces;
the employee’s principal work assignments;
applicable collective bargaining agreement;
basis for determining the salary and other remuneration and the payment period;
regular working hours;
determination of annual leave;
notice period or basis for determination of such;
in respect of work undertaken abroad and lasting at least one month, the duration of the work, the currency in which the salary is paid, monetary compensation and fringe benefits due abroad and conditions of repatriation of the employee.
The employer must in addition provide the employee with a report of any changes in the terms of employment as soon as possible, and no later than before the end of the following salary payment period, except where the change is attributable to a change in legislation or collective bargaining agreement.