Can the employer modify the work contract of his employee at home?
Verified 15 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, when labor relations change, it is possible to modify the employment contract of the employee of the individual employer. One agreeable written to the contract will then have to be written.
The rules differ depending on the importance of the contract amendment. Generally speaking, in order to determine whether the contract change is significant, it is necessary to consider the repercussions that this change might have on the employee.
the employee's oral contract declared to the Urssaf service Cesu: titleContent shall have the same effect 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 contract of employment:
- The remunerationeither up or down.
The remuneration includes the salary and all salary "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If the employment contract provides for the provision of a meal to the employee, this benefit cannot be withdrawn without his agreement.
- The workplace. It is normally fixed in 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 compensation is given to the employee, for example.
- The working time (number of hours of work to be performed in the week or month). Any upward or downward changes to this period may not be imposed on the employee.
As regards working hours, everything depends on the possibilities of modification provided for in the employment contract. For example, if the contract does not provide for the possibility of working night time, the employee's agreement must be obtained.
Schedules of work provided for in the contract
The employer cannot change the hours without the employee's agreement. A written amendment to the contract is offered to the employee.
Working hours not provided for in the contract
They may be modified without the employee's consent, unless the change of working hours involves a very significant change in the employee's working conditions.
It entails a change in the contract of employment. A written amendment to the contract is proposed by the employer. It is signed by the employer and the employee.
Yes, the employee can refuse to modify his/her employment contract. The employee's refusal may not be a reason for dismissal. The employer then has two choices: to cancel the proposed amendment or to dismiss.
Cancelation of the proposal
The employer cancels his proposal. The employment contract continues under the initial conditions.
The employer shall initiate the dismissal, if a reason other than the refusal to modify the contract exists.