Legal Assistance with Job Changes and Salary Matters

Questioner

Following the refusal of a function increase with the possibility of working 8 hours more per week, can the employer establish a breach of contract and claim a lot of money back? In the current contract, the same salary is stated for 32 and 40 hours, but I work 32 hours, because there is no work for 40 hours. With the function increase, it is possible to work 40 hours, but it is not accepted.

Lawyer

The employment contract states for which function you have been appointed, what the working hours are and what the earnings are. This cannot be changed unilaterally by the employer. If your employment contract states that you work 40 hours per week, your employer must also pay you for 40 hours, regardless of whether you work them or not. It is the employer's risk if there is insufficient work.

Questioner

according to my contract i get the same salary based on both a 32 hour and a 40 hour workweek. this means that the gross monthly salary remains the same up to a 40 hour workweek. Employer now claims that I could work 40 hours but I did not do that. However, there was a job increase, I was offered a management position. The employer noted the job increase and came up with a change of 150 gross more per month, which is why I decided to keep my current position and continue working 32 hours. He has now withheld my salary as a result. Is an employee not allowed to refuse a job change?