Legal rights when changing employment contracts

Questioner

Ir/Madam I have been working in a residential care institution since 2003. When I was hired, it was verbally agreed that I would not work night shifts. Now, after 12 years, I am suddenly scheduled for the night shift. They know that I cannot handle it at all. Now my question is, is this allowed?

Lawyer

This is in conflict with the agreements made with you and cannot be imposed unilaterally. Especially since it has been going on for 12 years. You do not have to accept this.

Lawyer

Unilaterally changing an employment contract is never allowed. However, there may be circumstances under which it is possible that you have to 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 about 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.