Can my employer simply remove me from my position?

Questioner

After being ill for a while (surgery), my employer informs me that he is removing me from my managerial position and making me an employee. Other managers will fill my position. This is part of a reduction in hours. Is this allowed?

Lawyer

In principle not. Depending on the time lapse, reintegration efforts of the employer/employee and the nature of the illness (work-related or private?) the employer may proceed to do so if it appears that you will no longer be able to perform your function due to the illness. The company doctor must advise your employer on this. Furthermore, the function cannot simply be changed if there is no unilateral amendment clause in your contract. The company interest must weigh more heavily than your own interest.

Questioner

Dear, I have had surgery on my shoulder twice this year. Non work related. I started reintegrating yesterday (50% of my hours) and the expectation is that I will be able to work full time again within 4-6 weeks (my own position). At least, that was the intention. So I can't just be removed from my job because of cutbacks in hours? Yours sincerely,

Lawyer

It is up to the company doctor to judge whether and if so your return to the workplace is realistic. If that is the case, your employer may not simply dismiss you from your job, not even on the grounds of a reduction in hours.