Modification of an employee's employment contract

Verified 28 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)

The employer may amend the employee's employment contract and conditions of employment. However, this depends on the nature of the changes envisaged: change of an essential element of the employment contract which requires the employee's agreement or simple change of working conditions. The employment contract may also be amended for economic reasons, subject to conditions.

General case

Pay is an essential part of the employment contract.

The remuneration of the employee may be changed by the employer only with the agreement of the employee.

The employee may refuse to modify the amount of his remuneration or to reduce the hourly rate provided for in his employment contract.

The employer informs the employee and gives him a reflection period of 1 month upon receipt of the registered letter with acknowledgement of receipt (RRA).

If the employee does not reply by the end of this period, this does not constitute acceptance.

The employee may react even after the implementation of the change and refer the matter to the Labor Council (CPH).

Functional design

The employer may entrust the employee with new tasks, withdraw him from them or assign him to a post or another service.

The granting of new tasks corresponding to the qualification of the employee constitutes a simple change in working conditions.

The employee has no recognized right to always perform the same tasks.

Example :

asking an employee to perform new tasks does not require a change to their employment contract.

The employee cannot object to this change.

However, the change must not be linked to a discriminatory ground.

The employee may refer the matter to the Labor Council (CPH).

In the event of the employee's refusal, the employer must choose between the following 2 options:

Modifying Assignments

If the new duties offered to the employee involve a change in professional qualification, this is a change in the employment contract.

Example :

Removing the responsibilities of a supervising employee entails a modification of his employment contract.

The employee has the right to refuse this change (even if the remuneration and some of the previous assignments are maintained).

The employee may require that the tasks entrusted to him be related to his qualification.

The employment contract must be amended in the following cases:

  • Withdrawal of liability
  • Reduction to secondary tasks
  • Withdrawal of power of attorney or delegation allowing the employee to sign certain documents
  • Downgrade
  • Disciplinary demotion

The employer informs the employee and gives him a reflection period of 1 month upon receipt of the registered letter with acknowledgement of receipt (RRA).

If the employee does not reply by the end of this period, this does not constitute acceptance.

The employee may react even after the implementation of the change and refer the matter to the Labor Council (CPH).

Organization of working hours

The employer may fix a new allocation or adjustment of working hours.

Example :

If there is a high level of activity during a period known in advance, the employee may have to work more than 35 hours in certain weeks, and then less than 35 hours in subsequent weeks.

The reduction of working time with maintenance of previous wages resulting from a company agreement is binding on all employees.

The employee cannot object to this change.

However, the change must not be linked to a discriminatory ground.

The employee may refer the matter to the Labor Council (CPH).

In the event of the employee's refusal, the employer must choose between the following 2 options:

Please note

if working hours are provided in the employment contract, they are an essential part of the contract. The employee's agreement is required to change them.

Changing working hours

Where the duration of working time is laid down in the contract of employment, the employer may not change it without the employee's agreement.

This applies to the following changes:

  • Changing from a fixed to a variable schedule
  • Switching from a continuous to a discontinuous schedule
  • Switching from daytime to nighttime or vice versa

The reduction in working hours decided by the employer, when accompanied by a reduction in pay, entails a change in the contract of employment.

The employee is free to refuse this change.

The employer informs the employee and gives him a reflection period of 1 month upon receipt of the registered letter with acknowledgement of receipt (RRA).

If the employee does not reply by the end of this period, this does not constitute acceptance.

The employee may react even after the implementation of the change and refer the matter to the Labor Council (CPH).

Change of workplace

The reference to the place of work in the contract of employment is merely informative.

The reference to the place of work must indicate a clear and precise clause that the employee will perform his work exclusively in that place.

Where the employee's employment contract does not contain mobility clause, the transfer of the employee shall not entail a change in his employment contract.

The mobility clause constitutes an amendment to the employment contract if the new place of work is situated in a geographical area different.

The employee cannot object to this change.

However, the change must not be linked to a discriminatory ground.

The employee may refer the matter to the Labor Council (CPH).

In the event of the employee's refusal, the employer must choose between the following 2 options:

Mutation

Changing the workplace outside the geographical area (in the absence of mobility clause) or the imposition on the employee of work from home is an amendment to the employment contract.

The employer may not require the employee to establish his residence in the department of his new place of work.

The employer informs the employee and gives him a reflection period of 1 month upon receipt of the registered letter with acknowledgement of receipt (RRA).

If the employee does not reply by the end of this period, this does not constitute acceptance.

The employee may react even after the implementation of the change and refer the matter to the Labor Council (CPH).

Economic motive

Remuneration is an essential element of the employment contract and can only be changed with the employee's agreement.

The employee may refuse to change the amount of his remuneration or to reduce the contractual hourly rate.

The employer shall inform the employee that he has a period of1 month (or 15 days if the company is in receivership or liquidation) to reply and to make known, if necessary, his refusal.

After this period and in the absence of a reply, the amendment of the contract of employment shall apply.

The employee can no longer express his refusal.

Functional design

The employer may entrust the employee with new tasks, withdraw him from them or assign him to a post or another service.

The granting of new tasks corresponding to the qualification of the employee constitutes a simple change in working conditions.

The employee has no recognized right to always perform the same tasks.

Example :

Asking an employee to perform new tasks does not require a change to their employment contract.

The employee cannot object to this change.

However, the change must not be linked to a discriminatory ground.

The employee may refer the matter to the Labor Council (CPH).

In the event of the employee's refusal, the employer must choose between the following 2 options:

Modifying Assignments

If the new duties offered to the employee involve a change in professional qualification, this is a change in the employment contract.

Example :

Removing the responsibilities of a supervising employee entails a modification of his employment contract.

The employee has the right to refuse this change (even if the remuneration and some of the previous assignments are maintained).

The employee may require that the tasks entrusted to him be related to his qualification.

The employment contract must be amended in the following cases:

  • Withdrawal of liability
  • Reduction to secondary tasks
  • Withdrawal of power of attorney or delegation allowing the employee to sign certain documents
  • Downgrade
  • Disciplinary demotion

The employer shall inform the employee that he has a period of1 month (or 15 days if the company is in receivership or liquidation) to reply and to make known, if necessary, his refusal.

After this period and in the absence of a reply, the amendment of the contract of employment shall apply.

The employee can no longer express his refusal.

Organization of working hours

The employer may fix a new allocation or adjustment of working hours.

Example :

If there is a high level of activity during a period known in advance, the employee may have to work more than 35 hours in certain weeks, and then less than 35 hours in subsequent weeks.

The reduction of working time with maintenance of previous wages resulting from a company agreement is binding on all employees.

The employee cannot object to this change.

However, the change must not be linked to a discriminatory ground.

The employee may refer the matter to the Labor Council (CPH).

In the event of the employee's refusal, the employer must choose between the following 2 options:

Please note

if working hours are provided in the contract of employment, they are an essential part of the contract. The employee's agreement is required to change them.

Changing working hours

Where the duration of working time is laid down in the contract of employment, the employer may not change it without the employee's agreement.

This is the case for the following amendments:

  • Changing from a fixed to a variable schedule
  • Switching from a continuous to a discontinuous schedule
  • Switching from daytime to nighttime or vice versa

The reduction in working hours decided by the employer, when accompanied by a reduction in pay, is a modification of the employment contract which the employee is free to refuse.

The employer shall inform the employee that he has a period of1 month (or 15 days if the company is in receivership or liquidation) to reply and to make known, if necessary, his refusal.

After this period and in the absence of a reply, the amendment of the contract of employment shall apply.

The employee can no longer express his refusal.

Change of workplace

The reference to the place of work in the contract of employment has a simple informative value unless it is stipulated by a clear and precise clause that the employee will perform his work exclusively in that place.

Where the employee's employment contract does not contain mobility clause, the transfer of the employee does not constitute a modification of his employment contract, unless the new place of work is situated in a geographical area different.

The employee cannot object to this change.

However, the change must not be linked to a discriminatory ground.

The employee may refer the matter to the Labor Council (CPH).

In the event of the employee's refusal, the employer must choose between the following 2 options:

Mutation

Changing the workplace outside the geographical area (except mobility clause) or the imposition on the employee of work from home is an amendment to the employment contract.

The employer may not require the employee to establish his residence in the department of his new place of work.

The employer shall inform the employee that he has a period of1 month (or 15 days if the company is in receivership or liquidation) to reply and to make known, if necessary, his refusal.

After this period and in the absence of a reply, the amendment of the contract of employment shall apply.

The employee can no longer express his refusal.