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Change an employee's employment contract

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

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

General case

Compensation 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.

An employee may refuse to change the amount of his or her remuneration or to reduce the hourly rate provided for in his or her employment contract.

The employer shall inform the employee and give him or her a period of reflection 1 month from receipt of the registered letter with acknowledgement (LRAR).

Failure of the employee to respond at the end of this period is not acceptable.

The employee can react even after the change is implemented and to the Council of Prud'homme (CPH).

Function Layout

The employer may assign new duties to the employee, remove them or assign them to a position or other service.

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

The employee has no recognised right to perform the same tasks.

Example :

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

The employee cannot oppose this change.

However, the change should not be linked to discriminatory ground.

Employee may to the Council of Prud'homme (CPH).

If the employee refuses, the employer must choose between the following 2 options:

Change 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 will result in a change to the employment contract.

The employee is entitled to refuse this change (even when the remuneration and some of the previous assignments are maintained).

An employee may require that the tasks entrusted to him or her be related to his or her qualification.

The employment contract must be amended in the following cases:

  • Withdrawal of responsibility
  • Reduction to Secondary Tasks
  • Withdrawal of power of attorney or delegation allowing the employee to sign certain documents
  • Decommissioning
  • Disciplinary demotion

The employer shall inform the employee and give him or her a period of reflection 1 month from receipt of the registered letter with acknowledgement (LRAR).

Failure of the employee to respond at the end of this period is not acceptable.

The employee can react even after the change is implemented and to the Council of Prud'homme (CPH).

Organisation of working hours

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

Example :

In the event of high activity during a known period, the employee may be required to work more than 35 hours in certain weeks and less than 35 hours in the following weeks.

The reduction of working time with maintenance of the previous salary resulting from a company agreement is imposed on all employees.

The employee cannot oppose this change.

However, the change should not be linked to discriminatory ground.

Employee may to the Council of Prud'homme (CPH).

If the employee refuses, the employer must choose between the following 2 options:

Please note

if the hours of work are included in the employment contract, they are an essential part of the contract. Employee approval is required to modify them.

Changing work schedules

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

This is the case for the following changes:

  • Switching from a fixed to a variable schedule
  • Switching from continuous to non-continuous
  • Change from daytime to night or vice versa

A reduction in the length of work decided by the employer, when accompanied by a reduction in pay, shall entail a modification of the employment contract.

The employee is free to refuse this change.

The employer shall inform the employee and give him or her a period of reflection 1 month from receipt of the registered letter with acknowledgement (LRAR).

Failure of the employee to respond at the end of this period is not acceptable.

The employee can react even after the change is implemented and to the Council of Prud'homme (CPH).

Change of workplace

The reference to the place of work in the employment contract has a simple information value.

The mention of 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 does not entail a change in his employment contract.

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

The employee cannot oppose this change.

However, the change should not be linked to discriminatory ground.

Employee may to the Council of Prud'homme (CPH).

If the employee refuses, the employer must choose between the following 2 options:

Mutation

Change of workplace out of geographical area (in the absence of mobility clause) or imposing on the employee working from home is a change to the employment contract.

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

The employer shall inform the employee and give him or her a period of reflection 1 month from receipt of the registered letter with acknowledgement (LRAR).

Failure of the employee to respond at the end of this period is not acceptable.

The employee can react even after the change is implemented and to the Council of Prud'homme (CPH).

Economic reason

Compensation is an essential part of the employment contract and can only be changed with the employee's consent.

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

The employer shall inform the employee that he has a1 month (or 15 days if the company is reorganisation 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 employment contract applies.

The employee can no longer express his refusal.

Function Layout

The employer may assign new duties to the employee, remove them or assign them to a position or other service.

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

The employee has no recognised right to perform the same tasks.

Example :

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

The employee cannot oppose this change.

However, the change should not be linked to discriminatory ground.

Employee may to the Council of Prud'homme (CPH).

If the employee refuses, the employer must choose between the following 2 options:

Change 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 will result in a change to the employment contract.

The employee is entitled to refuse this change (even when the remuneration and some of the previous assignments are maintained).

An employee may require that the tasks entrusted to him or her be related to his or her qualification.

The employment contract must be amended in the following cases:

  • Withdrawal of responsibility
  • Reduction to Secondary Tasks
  • Withdrawal of power of attorney or delegation allowing the employee to sign certain documents
  • Decommissioning
  • Disciplinary demotion

The employer shall inform the employee that he has a1 month (or 15 days if the company is reorganisation 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 employment contract applies.

The employee can no longer express his refusal.

Organisation of working hours

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

Example :

In the event of high activity during a known period, the employee may be required to work more than 35 hours in certain weeks and less than 35 hours in the following weeks.

The reduction of working time with maintenance of the previous salary resulting from a company agreement is imposed on all employees.

The employee cannot oppose this change.

However, the change should not be linked to discriminatory ground.

Employee may to the Council of Prud'homme (CPH).

If the employee refuses, the employer must choose between the following 2 options:

Please note

if the hours of work are included in the employment contract, they are an essential part of the contract. Employee approval is required to modify them.

Changing work schedules

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

This is the case for the following changes:

  • Switching from a fixed to a variable schedule
  • Switching from continuous to non-continuous
  • Change from daytime to night 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 a1 month (or 15 days if the company is reorganisation 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 employment contract applies.

The employee can no longer express his refusal.

Change of workplace

The mention of the place of work in the employment contract 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 an amendment to his employment contract, unless the new place of work is in a geographical area different.

The employee cannot oppose this change.

However, the change should not be linked to discriminatory ground.

Employee may to the Council of Prud'homme (CPH).

If the employee refuses, the employer must choose between the following 2 options:

Mutation

Change of workplace out of geographical area (except mobility clause) or imposing on the employee working from home is a change to the employment contract.

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

The employer shall inform the employee that he has a1 month (or 15 days if the company is reorganisation 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 employment contract applies.

The employee can no longer express his refusal.

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