Failure to ensure the employee knows the terms of the employment contract Description Workers with informal, unclear, or unknown conditions of their employment: uncertainty, lack of • ability to enforce terms Particularly problematic in cases of informal or undeclared work that often don’t even involve a • written contract Sonia McKay et. al., Study on Precarious Work and Social Rights, carried out for the European • Commission, Working Lives Research Institute, April 2012: absence of a written contract as an indicator of both informality and precariousness. The Landscape Obligation on employers to inform employees about the conditions of the employment contract • Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, p. 32) C-253/96, C-254/96, C-255/96, Helmut Kampelmann and Others, C-257/96 and C-258/96, EU:C:1997:585 C-350/99, EU:C:2001:84 Lange, C-306/07, EU:C:2008:743 Andersen, to and Mascolo and Others, EU:C:2014:2401 In Focus The cleaning and care sector: large incidences of precarious and informal work practices where individuals offer services to homes for cash-in-hand payment, often with no written contract and no protections EFBWW report on Romanian workers in Vicenza, Italy with no contracts or salary for over 3 months:
Failure to ensure the employee knows the terms of the employment contract Description • Workers with informal, unclear, or unknown conditions of their employment: uncertainty, lack of ability to enforce terms • Particularly problematic in cases of informal or undeclared work that often don’t even involve a written contract • Sonia McKay et. al., Study on Precarious Work and Social Rights, carried out for the European Commission, Working Lives Research Institute, April 2012: absence of a written contract as an indicator of both informality and precariousness. The Landscape • Obligation on employers to inform employees about the conditions of the employment contract Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, p. 32) Helmut Kampelmann and Others, C-253/96, C-254/96, C-255/96, C-257/96 and C-258/96, EU:C:1997:585 Lange, C-350/99, EU:C:2001:84 Andersen, C-306/07, EU:C:2008:743 Mascolo and Others, to and EU:C:2014:2401 In Focus The cleaning and care sector: large incidences of precarious and informal work practices where individuals offer services to homes for cash-in-hand payment, often with no written contract and no protections EFBWW report on Romanian workers in Vicenza, Italy with no contracts or salary for over 3 months:
Item-5b-Legal_Opinion_Master_Outline.docx