The Written Statement Directive

Briefing 04-04-2017

The Written Statement Directive obliges employers to provide employees with a written statement on the essential aspects of the work contract or employment relationship. Despite the fact that the directive was transposed into the legal systems of all Member States, the reports show several cases of its incorrect or inadequate implementation. Furthermore, new forms of employment have emerged since the directive's adoption in 1991, which it does not cover. Court of Justice jurisprudence clarifying several of the directive's provisions has to be taken into account as well. The European Parliament has called on the European Commission to update the Written Statement Directive so that it would react to these challenges. Similarly, the EESC has recommended that the existing legislation be updated. Furthermore, the representatives of various stakeholder groups have voiced requests to update this piece of EU legislation. Last, but not least, the European Commission itself has expressed the willingness to revise the Written Statement Directive as part of the REFIT exercise. It is expected that the Commission will submit this proposal on 26 April 2017.