Can the employment contract of a protected employee be changed?
Verified 26 November 2019 - Directorate for Legal and Administrative Information (Prime Minister)
Employee Agreement
The protected employee has special protection.
Protected employee status ensures that the change in his employment contract is not related to his duties as a staff representative. This protection is intended, in particular, to protect him from possible reprisals by the employer.
It applies whether it is a simple change in working conditions or an essential element of the employment contract.
The employment contract of the protected employee cannot be changed without his agreement.
If the protected employee agrees, the amendments to the employment contract apply.
Employee Refusal
The protected employee has special protection.
Protected employee status ensures that the change in his employment contract is not related to his duties as a staff representative. This protection is intended, in particular, to protect him from possible reprisals by the employer.
It applies whether it is a simple change in working conditions or an essential element of the employment contract.
The employment contract of the protected employee cannot be changed without his agreement.
If the protected employee refuses the proposal, the employer must choose between the following 2 options:
- Maintain employee in current working conditions
- Implement a redundancy procedure for protected employees
- Labor Code: Articles L2411-1 and L2411-2Beneficiaries
- Amendment of an employee’s employment contractService-Public.fr