5.4 Labour Law basics
In addition to fair pay, your employees are also entitled to a wide range of rights under EU rules, which a company must guarantee to respect.
EU labour law is primarily concerned with two major issues:
- Working conditions (working hours, part-time work, fixed-term employment contracts, etc.).
- Consultation of workers in the event of collective redundancies or company relocations, etc.
But you as an employer can also benefit from EU labour law. It provides you with a clear framework of rights and obligations in the company. In addition, the health of all employees is protected, productivity is increased, and economic growth is promoted.
So what are the most important working conditions? How many hours per day is a worker allowed to work? What about holidays? And what are the regulations for night work?
The EU has set the following minimum standards, which apply throughout the EU:
– A working week of no more than 48 hours
-A minimum of 4 weeks of paid annual holidays
-Rest during working hours after no more than 6 hours of work
-A rest period of at least 11 hours after at most 24 hours of work
-A minimum 24-hour rest period of seven days (=at least one day off per week).
– Night work: the working time for night work must not exceed an average of 8 hours per 24-hour period
-The fixed-term probationary period must not exceed 6 months
-A mandatory training must be free of charge and take place within working hour
A particular focus of EU law is also the reconciliation of work and private life. This is primarily a matter of reconciling working life with family life.
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Employees have the following rights in this regard:
- Entitlement to at least 10 working days of paternity leave with pay at least equal to sick pay.
- Entitlement to at least 4 months of parental leave, 2 months of which are non-transferable and paid to the other parent
- Entitlement to 5 working days of annual care leave for dependants in need of care or with serious illnesses
- The right to flexible working arrangements (e.g. reduced working hours etc.) for parents of children up to at least 8 years of age or caring relatives
Now that you know how to create a job description for possible future employees and know the most important rights of employees, let’s turn to one last important topic: The interview. This is an important part of the search for suitable workers.
During the interview, questions such as the nature and scope of the future job, the amount of pay, required and existing qualifications, or the start date of the job should be clarified. It also serves to get to know the applicant better. Topics such as personal interests and soft skills can be discussed to find out whether the person fits into the company’s team. We will take a closer look at which questions you are allowed to ask in an interview and which are taboo.
You as the employer have the right to ask questions. In principle, the applicant must provide information about all circumstances concerning the future job.
For a job interview, this means:
| Allowed Questions | Questions not permitted |
| Questions about qualifications, experience, and education | Questions about (spouses’) partner or their job |
| Questions about privacy directly related to the job | Questions about privacy not related to the job |
| Questions about previous convictions which are still valid or which affect the appropriate exercise of future employment | Questions about previous convictions which have already been erased from the register |
| Questions about illnesses that pose a risk to the health of other members of the company (e.g.: contagious diseases) or in areas that require a medical examination to determine suitability for the job | Questions about general health status |
| Questions about disabilities in areas that require a medical examination to determine suitability for the job | Questions about disabilities |
| Questions about the current pregnancy | |
| Questions about religious or political party affiliation or sexual orientation |
| The Equal Treatment Law as well as the Disabled Persons Employment Law must be observed at all costs. |
We can therefore state that in human resource management, it is necessary from the very beginning to follow important rules and laws concerning both job descriptions and the application process, as well as remuneration and working conditions.
Sustainable development goal number 8 is about promoting inclusive and sustainable economic growth, employment, and decent work for all. By 2030, achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value. Human resources management is the one to help to achieve this goal in all companies.
