A daily briefing on European HR, labour law and compliance developments for SME HR teams across the EU, UK, Switzerland and the Nordics.
Top story: Commission targets eight Member States over transparent and predictable working conditions
The European Commission’s July 2026 infringement package included formal notices to eight Member States for failing to fully align their national legislation with the Directive on transparent and predictable working conditions (Directive (EU) 2019/1152). Czechia, Estonia, Ireland, Greece, Hungary, the Netherlands, Portugal and Finland each received a letter of formal notice and now have two months to respond and adopt the necessary measures.
The Directive requires employers to provide all workers with clear, upfront information about essential employment terms, including working hours, pay and job stability. It also strengthens protections against abusive practices such as unpredictable schedules and last-minute shift assignments, and guarantees workers the right to cost-free mandatory training. The Directive was due for transposition by 1 August 2022, meaning these eight countries are now four years past the original deadline.
For SMEs in the affected countries, the practical risk is that employees may invoke the Directive’s provisions directly before national courts even without full transposition, relying on the principle of direct effect for sufficiently clear and unconditional provisions. Areas most likely to generate claims include failure to provide written terms within seven calendar days of starting work, restrictions on probationary periods exceeding six months, and requirements to offer predictable working patterns after six months of service.
What to do: If you employ staff in any of the eight named countries, check that your employment contracts, onboarding documentation and scheduling practices already meet the Directive’s minimum standards. Do not wait for national transposition: the obligations are clear enough that tribunals may apply them directly. Prioritise written statements of terms, predictable-hours commitments and free access to mandatory training.
Also developing
EU (Cyprus and Luxembourg): The same July infringement package sent formal notices to Cyprus and Luxembourg for failing to transpose the Directive on adequate minimum wages (Directive (EU) 2022/2041) into national law. The transposition deadline was 15 November 2024, making both countries more than 18 months late. The Directive does not mandate a specific minimum wage level but requires Member States to promote collective bargaining on wage-setting and ensure effective access to minimum wage protection. Both countries have two months to respond before the Commission may escalate to reasoned opinions. What to do: Employers in Cyprus and Luxembourg should monitor developments as national legislation catches up, particularly around collective bargaining obligations and enforcement mechanisms that may follow.
EU (Greece, Spain, Cyprus, the Netherlands, Poland, Slovakia): The Commission escalated proceedings against six Member States by sending reasoned opinions for failing to transpose new rules on protecting workers from asbestos exposure (Directive (EU) 2023/2668). The key change is a tenfold reduction in the occupational exposure limit, from 0.1 to 0.01 fibres per cubic centimetre, based on the latest scientific evidence. The transposition deadline for the first set of provisions was 21 December 2025. Initial formal notices went to ten Member States in January 2026; four have since complied. The remaining six now have two months to act or face referral to the Court of Justice with a request for financial sanctions. What to do: Employers in construction, renovation, demolition and building maintenance in these countries should review workplace exposure assessments against the new 0.01 f/cm³ limit now. Even before national transposition, the direction of travel is clear: invest in updated monitoring equipment and protective measures.
France: The government circulated an amended draft law on pay transparency to social partners on 5 June, two days before the EU Directive’s transposition deadline. The French text goes beyond the Directive’s minimum requirements: the reporting threshold drops to 50 employees (half the Directive’s 100-employee standard), and non-compliance with salary-range disclosure in job advertisements will attract penalties of €450 per breach. The current Professional Equality Index will be replaced by seven new remuneration indicators, to be defined by decree. The legislation is expected to enter into force progressively between late 2026 and 1 January 2028. What to do: French employers with 50 or more employees should begin structuring their pay data and job-classification frameworks now. The lower reporting threshold means many mid-sized companies that were previously exempt from gender pay gap reporting will need to report for the first time. Start by auditing existing pay bands and identifying any unexplained gaps before the law takes effect.
Greece: The Commission referred Greece to the Court of Justice for discriminatory employment conditions imposed on fixed-term teachers in public schools. Greek law provides less favourable terms for fixed-term teachers compared to permanent staff, including reduced maternity and sick leave entitlements, in breach of the Fixed-Term Work Directive (Council Directive 1999/70/EC). This referral follows a formal notice in July 2024 and a reasoned opinion in May 2025, neither of which produced a satisfactory response. What to do: While this case targets public-sector teaching, the underlying principle applies broadly: fixed-term workers must not receive less favourable treatment than comparable permanent workers unless objectively justified. Private-sector employers in Greece and elsewhere should review whether their fixed-term contracts create any unjustified disparities in benefits or conditions.
On the radar
UK electronic union balloting: Takes effect 25 August 2026, allowing electronic and workplace voting for industrial action and other statutory trade union ballots.
UK zero-hours contracts consultation (previously covered): Closes 25 August 2026.
Spain flexible retirement (previously covered): Royal Decree 416/2026 takes effect 28 August 2026.
Ireland My Future Fund opt-out (previously covered): Window closes at the end of August 2026.
Netherlands worker classification (previously covered): Legal presumption must be published in the Staatsblad by 31 August 2026.
EU Platform Workers Directive (previously covered): Member states must transpose by 2 December 2026.
Sources
- European Commission: July 2026 infringements package, key decisions
- EUbusiness: July 2026 EU infringements package, key decisions
- RTE: EU warns Ireland over working conditions directive
- LexisNexis: Commission issues July 2026 set of notices to Member States for failure to transpose EU directives
- Lewis Silkin: France pay transparency draft law, key differences from the EU Directive
- Littler: France releases an amended draft law to implement the pay transparency Directive
- DLA Piper: France has disclosed a draft bill to implement the gender pay transparency Directive
Europe HR Compliance Pulse is an informational summary of publicly reported legal and regulatory developments. It is not legal advice. Always confirm obligations for your specific situation and market with a qualified adviser.
