The Written Statement Directive

This briefing is one in a series of 'Implementation Appraisals' on the operation of existing EU legislation in practice. Each such briefing focuses on a specific EU law which is likely to be amended or reviewed, as foreseen in the European Commission's Annual Work Programme.

Implementation Appraisals aim to provide a succinct overview of material publicly available on the implementation, application and effectiveness of an EU law to date – drawing on available input from the EU institutions and external organisations. They are provided to assist parliamentary committees in their consideration of the new proposals, once tabled.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. European 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 European Economic and Social Committee 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 was expected that the Commission will submit this proposal on 26 April 2017.

EP: EPRS: Briefing: Implementation Appraisal: Ex-ante Impact Assessment http://www.europarl.europa.eu/thinktank/en/search.html?policyAreas=EXIMAS

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