Altering the conditions of an employment relationship

An employer or employee may not alter any essential condition of an employment contract without the other’s consent, for example minimum working hours or pay.

Altering an essential condition of an employment contract is only possible on the grounds for termination in the Employment Contracts Act, respecting the period of notice. In practice an alteration takes place in such a way that the employment contract is terminated and a new employment contract is offered on new conditions.

If an employee does not consent to the alteration, the employment contract ends after the period of notice. If the employee consents to the alteration, the new conditions enter into force following the period of notice. The altered condition may not, however, undercut the minimum provisions of the collective agreement.

Disagreements often arise about when an employer has the right to make alterations based on the right to direct and supervise work and when it is a case of alteration of an essential condition of an employment contract. Uncertainty can also be caused by what constitutes an essential condition.

If the situation is unclear, you should contact your shop steward or, if there is no shop steward, PAM. If an employer attempts to alter an essential condition groundlessly, the employee should inform the employer in writing that he/she considers the alteration to be groundless and reserves the possibility to have the justification for the alteration examined. You should not refuse to work if you want the employment relationship to continue.