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The Directive on Transparent and Predictable Working Conditions (Directive (EU) 2019/1152) (Directive) aims to ensure that workers receive clear information about their working conditions at an early stage of the employment relationship and establishes minimum rights intended to promote more predictable and secure working arrangements. The Directive was required to be transposed by all Member States by 1 August 2022. However, more than four years after the transposition deadline, the implementation landscape continues to evolve. Several Member States continue to introduce reforms, while the European Commission has recently opened infringement proceedings against a number of countries over concerns that aspects of their national implementing measures may not fully comply with the Directive. One of the most significant recent developments is Spain's Royal Decree 723/2026 of 9 September 2026, which introduces enhanced employment information requirements. It goes beyond the Directive’s requirements in a number of respects, including in relation to remuneration transparency and algorithmic management systems. This briefing provides a current snapshot of the implementation position across the EU and highlights key considerations for employers. What do I need to know? The Directive was adopted to ensure workers receive clear information about their employment relationship from the outset and to provide minimum standards for more predictable working conditions, particularly for workers in precarious or non-standard forms of employment. The Directive requires employers to provide workers with written information on key aspects of the employment relationship. Certain core information must generally be provided within seven calendar days of the start of employment, with the remaining information to be provided within one month. Such information includes areas such as working time arrangements, remuneration, probationary periods and termination procedures. In addition, the Directive establishes minimum standards of protection across the EU, including limits on probationary periods, protection against exclusivity clauses, greater predictability for workers with variable or on-demand schedules, and a requirement that mandatory training be provided free of charge. The Directive applies to individuals with an employment contract or employment relationship as defined by national law, collective agreements or practice, taking account of CJEU case law. Its protections may therefore extend to some casual, zero-hours and platform workers where they satisfy the applicable worker test. However, the precise scope varies between Member States, and the Directive permits certain limited exclusions. See our previous briefing - EU Directive on transparent and predictable working conditions - for further detail of the scope and key requirements of the Directive. Local transposition progress and differences in approaches Most Member States have formally implemented the Directive, but implementation timing and scope have varied considerably. Spain is one of the most recent EU Member States to introduce legislation designed to implement the Directive. Its Royal Decree 723/2026, which will enter into force on 5 October 2026, significantly expands employers' obligations to provide workers with information about the employment relationship from the outset. The reforms require more detailed disclosures on matters such as remuneration, working time, probationary periods, training entitlements, applicable collective agreements and procedures for changing essential employment terms. The Spanish legislation is notable, however, for going beyond many other national implementing measures in several respects. In particular, employers must provide greater transparency regarding the algorithmic systems and decision-making criteria that influence working conditions, reflecting the increasing use of digital management tools in the workplace. Further, whilst the Directive requires employers to provide details of the initial basic pay and any other component elements, as well as the frequency and method of payment, the Spanish legislation goes further than this by requiring employers to provide the method of calculating any variable salary components and the criteria determining their payment. The reform also enables employees whose contracts do not contain all required information to request it from their employer, with a statutory obligation on employers to respond within 30 working days. See our briefing – A new compliance standard for businesses - for further details of the Spanish development. Although the Directive establishes minimum standards, Member States have adopted different approaches in several key areas: Definition of "worker" – The Directive deliberately relies on national definitions, informed by CJEU case law. As a result, the categories of individuals covered vary between jurisdictions. Some Member States have adopted broad approaches that extend key protections to a wider range of non-standard working arrangements. These differences are particularly significant for platform workers, casual workers and individuals engaged under flexible contractual arrangements Variable-hours and on-demand workers – Implementation varies considerably regarding minimum notice periods, compensation for cancelled assignments, availability windows and protections for workers with unpredictable schedules. Some jurisdictions have approached this by introducing enhanced protections for individuals working under particular arrangements, while others have strengthened rights for employees seeking more predictable and secure working patterns. The degree of protection often reflects pre-existing national labour law traditions and existing regulation of non-standard work Probationary periods – The Directive generally limits probationary periods to six months, subject to limited exceptions, and requires probation under fixed-term contracts to be proportionate to the expected duration of the contract and the nature of the work. Member States have taken different approaches to defining and applying those exceptions Training obligations – Member States have taken different approaches to training that employers are required by EU or national law or collective agreements to provide for workers to perform their roles, including regarding the scope of "mandatory training" and the treatment of training costs Enforcement and penalties – The Directive leaves sanctions largely to Member States. As a result, enforcement mechanisms vary considerably. Some jurisdictions have introduced administrative fines for breaches of certain information obligations, while other jurisdictions rely primarily on labour inspectorate enforcement, compensation awards or presumptions in favour of workers. Consequently, employer exposure for similar breaches can differ significantly across the EU European Commission action On 8 July 2026, the European Commission opened infringement proceedings against the Czech Republic, Estonia, Ireland, Greece, Hungary, the Netherlands, Portugal and Finland by issuing letters of formal notice concerning their implementation of the Directive. The Commission’s preliminary view is that aspects of the national measures adopted by those Member States may not fully comply with the Directive. The Member States were given two months to respond. A letter of formal notice is the first formal stage of the infringement procedure. After considering the relevant Member State’s response, the Commission may close the matter or progress the proceedings, including by issuing a reasoned opinion. Portugal has publicly disputed the Commission’s assessment and maintained that the Directive was adequately implemented through its national legislation. Further developments are awaited. Depending on the Commission’s assessment of the responses and any measures taken by the Member States, the proceedings may result in legislative amendments or progress to the next stage of the infringement procedure. Practical considerations for employers Organisations operating in the EU should review their employment contracts, onboarding processes and workforce policies to ensure they continue to reflect local implementation requirements. Particular attention should be paid to arrangements involving casual, on-demand, platform or other non-standard workers, as these are a central focus of the Directive. Employers should also assess whether their existing practices concerning probationary periods, mandatory training and variable working schedules remain compliant with evolving local rules. Compliance with the Directive should not, however, be viewed in isolation. Increasingly, the transparency obligations introduced by the Directive overlap with other EU regulatory initiatives, including the EU Pay Transparency Directive. For example, information that employers are required to provide regarding remuneration will also be relevant to pay transparency obligations. Similarly, jurisdictions such as Spain have introduced transparency requirements relating to algorithmic management systems. These developments also interact with the EU AI Act. Certain AI systems used for recruitment, employment-related decisions, task allocation, performance assessment or worker monitoring may be classified as high-risk and subject to the Act’s corresponding requirements. The interaction between these overlapping frameworks means that employers should take a holistic approach to compliance. Reviews of employment documentation, onboarding processes and workforce management practices should therefore consider not only the requirements of the Directive, but also wider obligations. Given the European Commission's recent scrutiny of implementation measures in several Member States, organisations should continue to monitor legislative developments and be prepared for further amendments in countries where compliance with the Directive remains under review. How we can help The continuing development of national implementing measures means that compliance with the Directive is no longer simply a contractual documentation exercise. Employers increasingly need to assess how local transparency, predictability and scheduling requirements operate in practice across different categories of workers and in different jurisdictions. We can help organisations with their compliance strategies, including assessing the practical impact on workforce management, recruitment and employment documentation. Our extensive global footprint means that we are well placed to support global employers in their current and future HR plans, wherever they have a presence. Our lawyers are not only experts in the complexities of different laws, but also in the management of projects spanning jurisdictions and driving those projects to maximize the strategic aims and benefits. The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website. Services Cross-Border Employment and Pensions Employment Employment, Labor and Pensions Key contacts Sophie White Partner United Kingdom Hannah C. 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Why should I read this?

The Directive on Transparent and Predictable Working Conditions (Directive (EU) 2019/1152) (Directive) aims to ensure that workers receive clear information about their working conditions at an early stage of the employment relationship and establishes minimum rights intended to promote more predictable and secure working arrangements.

The Directive was required to be transposed by all Member States by 1 August 2022. However, more than four years after the transposition deadline, the implementation landscape continues to evolve. Several Member States continue to introduce reforms, while the European Commission has recently opened infringement proceedings against a number of countries over concerns that aspects of their national implementing measures may not fully comply with the Directive.

One of the most significant recent developments is Spain's Royal Decree 723/2026 of 9 September 2026, which introduces enhanced employment information requirements. It goes beyond the Directive’s requirements in a number of respects, including in relation to remuneration transparency and algorithmic management systems.

This briefing provides a current snapshot of the implementation position across the EU and highlights key considerations for employers.

What do I need to know?

The Directive was adopted to ensure workers receive clear information about their employment relationship from the outset and to provide minimum standards for more predictable working conditions, particularly for workers in precarious or non-standard forms of employment.

The Directive requires employers to provide workers with written information on key aspects of the employment relationship. Certain core information must generally be provided within seven calendar days of the start of employment, with the remaining information to be provided within one month. Such information includes areas such as working time arrangements, remuneration, probationary periods and termination procedures.

In addition, the Directive establishes minimum standards of protection across the EU, including limits on probationary periods, protection against exclusivity clauses, greater predictability for workers with variable or on-demand schedules, and a requirement that mandatory training be provided free of charge.

The Directive applies to individuals with an employment contract or employment relationship as defined by national law, collective agreements or practice, taking account of CJEU case law. Its protections may therefore extend to some casual, zero-hours and platform workers where they satisfy the applicable worker test. However, the precise scope varies between Member States, and the Directive permits certain limited exclusions.

See our previous briefing - EU Directive on transparent and predictable working conditions - for further detail of the scope and key requirements of the Directive.

Local transposition progress and differences in approaches

Most Member States have formally implemented the Directive, but implementation timing and scope have varied considerably.

Spain is one of the most recent EU Member States to introduce legislation designed to implement the Directive. Its Royal Decree 723/2026, which will enter into force on 5 October 2026, significantly expands employers' obligations to provide workers with information about the employment relationship from the outset. The reforms require more detailed disclosures on matters such as remuneration, working time, probationary periods, training entitlements, applicable collective agreements and procedures for changing essential employment terms.

The Spanish legislation is notable, however, for going beyond many other national implementing measures in several respects. In particular, employers must provide greater transparency regarding the algorithmic systems and decision-making criteria that influence working conditions, reflecting the increasing use of digital management tools in the workplace. Further, whilst the Directive requires employers to provide details of the initial basic pay and any other component elements, as well as the frequency and method of payment, the Spanish legislation goes further than this by requiring employers to provide the method of calculating any variable salary components and the criteria determining their payment. The reform also enables employees whose contracts do not contain all required information to request it from their employer, with a statutory obligation on employers to respond within 30 working days. See our briefing – A new compliance standard for businesses - for further details of the Spanish development.

Although the Directive establishes minimum standards, Member States have adopted different approaches in several key areas:

Definition of "worker" – The Directive deliberately relies on national definitions, informed by CJEU case law. As a result, the categories of individuals covered vary between jurisdictions. Some Member States have adopted broad approaches that extend key protections to a wider range of non-standard working arrangements. These differences are particularly significant for platform workers, casual workers and individuals engaged under flexible contractual arrangements
Variable-hours and on-demand workers – Implementation varies considerably regarding minimum notice periods, compensation for cancelled assignments, availability windows and protections for workers with unpredictable schedules. Some jurisdictions have approached this by introducing enhanced protections for individuals working under particular arrangements, while others have strengthened rights for employees seeking more predictable and secure working patterns. The degree of protection often reflects pre-existing national labour law traditions and existing regulation of non-standard work
Probationary periods – The Directive generally limits probationary periods to six months, subject to limited exceptions, and requires probation under fixed-term contracts to be proportionate to the expected duration of the contract and the nature of the work. Member States have taken different approaches to defining and applying those exceptions
Training obligations – Member States have taken different approaches to training that employers are required by EU or national law or collective agreements to provide for workers to perform their roles, including regarding the scope of "mandatory training" and the treatment of training costs
Enforcement and penalties – The Directive leaves sanctions largely to Member States. As a result, enforcement mechanisms vary considerably. Some jurisdictions have introduced administrative fines for breaches of certain information obligations, while other jurisdictions rely primarily on labour inspectorate enforcement, compensation awards or presumptions in favour of workers. Consequently, employer exposure for similar breaches can differ significantly across the EU

European Commission action

On 8 July 2026, the European Commission opened infringement proceedings against the Czech Republic, Estonia, Ireland, Greece, Hungary, the Netherlands, Portugal and Finland by issuing letters of formal notice concerning their implementation of the Directive. The Commission’s preliminary view is that aspects of the national measures adopted by those Member States may not fully comply with the Directive. The Member States were given two months to respond.

A letter of formal notice is the first formal stage of the infringement procedure. After considering the relevant Member State’s response, the Commission may close the matter or progress the proceedings, including by issuing a reasoned opinion. Portugal has publicly disputed the Commission’s assessment and maintained that the Directive was adequately implemented through its national legislation.

Further developments are awaited. Depending on the Commission’s assessment of the responses and any measures taken by the Member States, the proceedings may result in legislative amendments or progress to the next stage of the infringement procedure.

Practical considerations for employers

Organisations operating in the EU should review their employment contracts, onboarding processes and workforce policies to ensure they continue to reflect local implementation requirements. Particular attention should be paid to arrangements involving casual, on-demand, platform or other non-standard workers, as these are a central focus of the Directive. Employers should also assess whether their existing practices concerning probationary periods, mandatory training and variable working schedules remain compliant with evolving local rules.

Compliance with the Directive should not, however, be viewed in isolation. Increasingly, the transparency obligations introduced by the Directive overlap with other EU regulatory initiatives, including the EU Pay Transparency Directive. For example, information that employers are required to provide regarding remuneration will also be relevant to pay transparency obligations. Similarly, jurisdictions such as Spain have introduced transparency requirements relating to algorithmic management systems. These developments also interact with the EU AI Act. Certain AI systems used for recruitment, employment-related decisions, task allocation, performance assessment or worker monitoring may be classified as high-risk and subject to the Act’s corresponding requirements.

The interaction between these overlapping frameworks means that employers should take a holistic approach to compliance. Reviews of employment documentation, onboarding processes and workforce management practices should therefore consider not only the requirements of the Directive, but also wider obligations. Given the European Commission's recent scrutiny of implementation measures in several Member States, organisations should continue to monitor legislative developments and be prepared for further amendments in countries where compliance with the Directive remains under review.

How we can help

The continuing development of national implementing measures means that compliance with the Directive is no longer simply a contractual documentation exercise. Employers increasingly need to assess how local transparency, predictability and scheduling requirements operate in practice across different categories of workers and in different jurisdictions. We can help organisations with their compliance strategies, including assessing the practical impact on workforce management, recruitment and employment documentation.

Our extensive global footprint means that we are well placed to support global employers in their current and future HR plans, wherever they have a presence. Our lawyers are not only experts in the complexities of different laws, but also in the management of projects spanning jurisdictions and driving those projects to maximize the strategic aims and benefits.

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.