Changes in Employment Contract and Car

Questioner

I have been working as a salon manager in a hair salon for 4 years. The former owner gave me a company car, and the car lease contract states that I do not have to pay anything for it. In the meantime, we have a new boss. He now asks me to sign a form stating that I will pay the additional tax of €100 per month myself as of November 1. And also that when the car contract expires, there will be no new car. My employment contract does not mention a company car. Can and may this be done?

Lawyer

No, the employment conditions (including any additional work or verbal agreements) form part of your contract and are transferred to the new owner.

Questioner

Are they then not allowed to ask for just that contribution? Or are they not allowed to take my car in 2 years' time either?

Lawyer

The secondary employment conditions continue at the same time as your contract, possibly collective labor agreement provisions apply. Check that too.

Lawyer

Unilaterally changing an employment contract is never allowed. However, there may be circumstances under which it is possible that you must accept a change in the employment contract, which in any case includes changing working hours and compensation. In order to be able to make a sound assessment, it is necessary to know what is included in your employment contract, the collective labor agreement and any personnel regulations regarding changing employment conditions. If this possibility is included in the agreement, collective labor agreement or personnel regulations, the employer must weigh the interests of the employees against his own interests and then determine that the employer has a significant interest in the change, for example to prevent financial problems or even a possible bankruptcy or to avert dismissals. But even if it is not included in the contract, the collective labor agreement or a staff regulation, the employer can still sometimes adjust the employment contract. The following conditions can be derived from a number of judicial decisions: - There must be changed circumstances; - The proposal must be reasonable, taking into account all the circumstances of the case. These circumstances are: - The nature of the changed circumstances. An example of this is that an employer can demonstrate that the company is doing badly financially. In that case, changing working hours or changing cost allowances such as lease cars is permitted. - The nature and significance of the change for the employee. This must therefore be based on the employee's personal circumstances. - Is it a collective change and has an employee representative been consulted, for example the Works Council or a trade union? - Are the new employment conditions not unusual in the industry? - Are there unusually good employment conditions that are being reduced, such as high bonuses or lease cars for employees who do not need a lease car directly for work? - The employer's interest. What are the consequences if the changes are not implemented. - The employee's interest in not changing. - Can the consequences of the change for the employee be alleviated. For example, with a reduction scheme or a relocation allowance for longer travel times.