Questions about demotion and salary? Discover your rights!

Questioner

Problem statement: My employer wants to dismiss me from my position and offers me 2 options. A settlement agreement or a lower position with a lower salary. I do not want to opt for a settlement. I am open to a demotion, but with retention of salary. My preference is to continue my current position. We use a WOW (way of working) within our company, which is part of the general employment conditions. It states that in the event of a demotion initiated by the employer, I will retain my salary. Quote: 'Demotion means that you are demoted to a lower position. If ###### takes the initiative for this, you will keep your salary. However, you will be placed in the pay scale that applies to your new position. If you decide to move from a higher to a lower position, your salary will be adjusted to the lower position and the pay scale that applies to this position' Quote from the introduction of the WOW: 'We created the ##### Way of Working (WOW) so that it is clear what is possible and what is not. In short, we all work with respect, pleasure and passion towards the same goal. In the WOW we explain to you what our Employment Conditions look like, what you expect from us and we from you. Despite the formal text, we have done our best to make it as simple and clear as possible. The WOW is part of the general Employment Conditions. By signing the employment contract, you declare that you have read the WOW and that you are aware of its contents.') Ask: Can my employer touch my salary now that they would rather see me in a lower position if they have this provision in this WOW?

Lawyer

A WoW is not always legally binding. Your collective labor agreement can also play a role. I'll come back to that.

Lawyer

If all employment conditions are enforceable and the WoW is an integral part of this, then your employer cannot access your salary. Whether your employer can use something from the employment conditions to claim an exception depends on the wording of all the rules together. From a wage technical point of view, a different pay scale and the same salary are compatible. In any case, this is something to bring up when setting the terms.