What does the federal coalition agreement have in store in terms of labor law?

The federal coalition agreement includes a number of new measures in the area of labor law. The new government aims to increase both the employment rate and productivity growth. To achieve this goal, the coalition agreement includes numerous measures designed to help those who are able to work actually find and retain employment. Significant attention is also being paid to the support and reintegration of people with long-term illnesses. The measures in the coalition agreement are not yet in effect, but they may well have an impact on your business in the coming years. That is why we would like to outline some of the most important proposals regarding labor law for you. 1. The new government is planning a number of measures to help people stay in the workforce longer by promoting a healthy work-life balance:

• A “family credit” is intended to simplify the various leave entitlements of family members for the purpose of caring for a child.
• The government will examine whether “TeleTREINwerken” can be encouraged and whether hours worked while commuting by train can be counted toward total working hours.
• An employee would be able to voluntarily resign once during their career and still be eligible for unemployment benefits for a limited period of up to six months. A condition is added here that the employee must have already worked for at least 10 years.

2. A number of new provisions have been included to modernize labor law:

• Following consultation with the social partners, a legal framework will be introduced that allows for the annualization of working hours or “accordion” work schedules. This would make it possible to calculate the average weekly working hours (for example, 38 hours) over a one-year reference period (rather than on a weekly basis).
• The requirement that the minimum weekly working hours must be at least one-third of a full-time work schedule will be abolished. However, the ban on work shifts of fewer than 3 hours and on-call contracts will remain in place.
• The ban on night work would be abolished.
• The legally mandated day of closure would be eliminated, and the regulations regarding overtime would be relaxed.
• The requirement to include all applicable work schedules in the employment regulations would be lifted, provided that the limits of flexibility for employees are clearly defined.
• The number of hours of student work would be increased to a maximum of 650 hours. The age limit for student work would be 15 years.
• Following consultation with the social partners, the probationary period could be reintroduced. It would then be possible to terminate an employment contract with one week’s notice during the first six months.
• The regulations governing flexi-jobs would be relaxed. The prohibition against being employed as a flexi-job worker at an “affiliated company” would be eliminated. The new government aims to make flexi-jobs available in all sectors.
• Voluntary overtime would be reserved for full-time employees and for part-time employees who have been working part-time for at least 3 years, provided there is a temporary increase in workload.
• The number of severance payments that can be obtained in the event of termination would be limited.

3. One of the new government’s main objectives is the reintegration of employees with long-term illnesses. To this end, a number of measures have been included in the coalition agreement, such as:

• Employers would be required to have an external occupational health and safety service assess their employee’s ability to work after 8 weeks of incapacity for work and, if necessary, to initiate a return-to-work program.
• The contribution to the Back to Work (TNW) fund will always be due upon termination of the employment contract.
• Instead of the current 3-month waiting period, employers would be able to initiate a formal or informal reintegration program starting on the first day of sick leave, provided the employee consents.
• The provision allowing employees to take up to three single days of sick leave per year without a medical certificate would be reviewed.
• Termination of the employment contract through the special procedure for medical force majeure could occur after 6 months (instead of the current 9 months).

For some measures, the coalition agreement already sets deadlines; for others, we are awaiting more concrete steps from the new government or the social partners. In any case, our attorneys are closely monitoring the new legislation so that we can continue to keep you informed. Do you have questions about what to expect? Or are you facing other HR issues in your company? Please contact one of our attorneys.