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Can the employer change the employment contract of the employee at home?

Verified 15 January 2022 - Legal and Administrative Information Directorate (Prime Minister)

Yes, when labour relations change, it is possible to change the employment contract of the individual employer's employee. A written amendment to the contract must then be drafted.

The rules differ depending on the importance of the contract change. Generally speaking, in order to determine whether the contract change is significant, one has to question the impact this change could have on the employee.

FYI  

the employee's oral contract with the Urssaf service Cesu: titleContent produces the same effects as a written contract.

Employee agreement is required when contract change is important. This is the case when it concerns an essential element of the employment contract:

  • The remuneration, up or down.
    Compensation includes salary and all wage "accessories", such as benefits in kind (meals, accommodation).
    If the employment contract provides for the provision of a meal to the employee, this benefit cannot be withdrawn without the employee's agreement.
  • The workplace. It is normally set at the home of the individual employer and must be indicated in the contract. The change in the workplace may be considered significant if the new workplace is remote and no consideration is given to the employee, for example.
  • The working time (number of hours of work to be performed in the week or month). Any change to or from this period cannot be imposed on the employee.

As regards working hours, everything depends on the possibilities for modification provided for in the employment contract. For example, if the contract does not provide for the possibility of night-time attendance, the employee's consent must be obtained.

Contract hours

The employer cannot change the hours without the employee's agreement. A written amendment to the contract is proposed to the employee.

Work hours not covered by the contract

They can be changed without the employee's consent, unless the change of hours involves a very significant change in the employee's working conditions.

It causes the employment contract to be changed. A written amendment to the contract is proposed by the employer. It is signed by the employer and the employee.

Yes, the employee may refuse to modify his employment contract. The employee's refusal cannot be the reason for the termination. The employer then has 2 choices: cancellation of the proposed amendment or termination.

Cancellation of proposal

The employer cancels his proposal. The contract of employment continues under the initial conditions.

Termination

The employer shall initiate the dismissal procedure if there is a reason other than refusal to amend the contract.