Employee and company car: What are your rights?

Questioner

I work for a construction consultancy firm. I have always commuted to work with my private car. Now the company also has 2 company cars and they want to force me to commute to work with the company bus, which means I will always have to go home first to pick up my own car before I can visit friends and the like. Private use of the bus is not permitted. Is this allowed?

Lawyer

In principle this is not possible. It is important for determining your rights and obligations - among other things - what is stated about changing something like this in your employment contract and any regulations / collective labor agreement. The general principle is that an employer may not change such a thing without the employee's prior consent. There are exceptions: 1. If a unilateral amendment clause has been agreed, the employer does not need the employee's prior consent to amend the employment conditions. At least: •The amendment clause must be agreed in writing. The clause can be included in the employment contract, the collective labour agreement or a personnel guide that has been declared applicable. •The employer must have a weighty interest in the change, for example to avert possible bankruptcy or layoffs. And this employer's interest must outweigh the employee's interest, so that the employee's interest must yield. 2. However, if no unilateral amendment clause has been laid down, there are still options for the employer. Case law shows that there are strict conditions: •There must be changed circumstances which provide sufficient reason to make a proposal to change the conditions; •The proposal must be reasonable, taking into account all the circumstances of the case. •The employee can reasonably be expected to accept the proposal. Whether the change is reasonable depends on, among other things: • The nature of the changed circumstances. A judge will more quickly consider a proposal reasonable if the employer can demonstrate that the company is experiencing serious business economic problems. An example is offering a lower position to prevent the employee from being dismissed. • The nature and significance of the change. For example, changing the function may be considerably more significant than abolishing a bonus. • The employer's interest. Major financial problems may constitute a legitimate interest, but an increase in profits may not. • The employee's interest in not changing. In the case of a transfer, for example, a factor may be that the employee cannot travel far due to personal circumstances. Or there are care responsibilities. • Is a reasonable phase-out arrangement possible? • Also check whether a collective labor agreement applies (no deviation from this is permitted) or whether a Works Council should be consulted. • And is the change collective or individual? It is therefore best to consult with an employment lawyer about your specific situation and circumstances. Employment law is my specialty and I am happy to help you with this. Please feel free to contact me without obligation for consultation.