Change Of Contract Without Agreement
Over the course of your career, especially if you stay with an organization for a period of time, your contract or terms of employment are likely to change. As a general rule, you will receive salary increases and, for example, your contract may change to reflect the different tasks you perform or a promotion. You can also request a change that your employer can accept. If everyone is prepared to amend the treaty, it can simply be written down in a declaration of amendment. What can a worker or employer do if there is no agreement on the changes? An employer may violate the contractual terms (in case of infringement) if it: if you have been transferred to a new employer, it is not allowed to change your contract if it is directly related to the transfer. For example, they can`t cut your salary because they pay someone who already works for them in a similar role, less so. Before you resign, you should ask yourself if you may be better able to make the change while you are looking for another job. If the amendment seriously violates your contract, you may be able to apply for constructive dismissal in an employment tribunal after you resign. Changes can be agreed directly between you and your employer or through a “collective agreement” between your employer and a union. This may be allowed by your contract, even if you are not a union member. The agreed changes do not necessarily have to be made in writing, but if they change the terms of your “written employment statement,” your employer must provide you with a written statement showing what has changed.
This must be done within one month of the change. When an employer changes a contract without an agreement (including the unreasonable use of flexibility clauses), employees can: employees can also ask to change the terms of the contract. You can: You can challenge the changes your employer wants to make, even if one or more of these clauses are included in your contract. Much will depend on whether the proposed amendments are admissible and reasonable in the text of the treaty. If your employer wants to change your contract, there may be different options available to you. Depending on the magnitude and likely effect of the proposed amendments, your employer should meet with the workers involved or the union that amends one and explain its arguments in favour of the proposed amendment. Workers should have time to review the proposal and suggest other ways to achieve the same result (for example. B if the goal is to achieve economies of scale, different ideas for cost savings). Some employment contracts contain a modifiable clause that may allow your employer to make changes to your contract. If there is no agreement, an employer may decide to dismiss and reinstate the same worker under a new contract (“reintegrate”). You should consider regularly recording your opposition to the change (for example. B each month) and to file a claim in the labour court, for example because of.
B of an undue wage deduction. Any action should be taken very quickly, after appropriate legal advice. In this case, an employer introduced the amendments without the worker`s consent and without the corresponding clauses of the contract authorizing such changes.