Legality of Company Regulations | Legal Aid

Questioner

Good day, I work in a car company. I have been given a company regulation by my boss which I have to read through and sign for acceptance in a separate document. However, this separate document contains a provision that I do not have a good feeling about. Can you determine whether this is justified? IN THE EVENT OF A DEVIATION FROM THE PROVISIONS OF THESE COMPANY REGULATIONS IN THE INDIVIDUAL EMPLOYMENT AGREEMENT OR COLLECTIVE LABOR, THE PROVISIONS OF THE INDIVIDUAL EMPLOYMENT AGREEMENT OR COLLECTIVE LABOR SHALL APPLY. EMPLOYEE IS AWARE THAT BY SIGNING THIS DECLARATION, THE COMPANY REGULATIONS, INCLUDING ANY ADDITIONS AND/OR AMENDMENTS THAT MAY BE MADE IN THE FUTURE, WILL IMMEDIATELY FORM AN INTEGRAL PART OF HIS EMPLOYMENT CONTRACT. I honestly find it a bit creepy ? Is this legally possible? Awaiting your reply, Yours faithfully,

Lawyer

In principle, this is well-founded. A company regulation is seen as a supplement to the employment contract and can be deviated from depending on the provisions in the regulation. Future changes that will be made to the regulation are linked to the employment contract. Usually, reference is made to it in the agreement.

Questioner

But isn't it true that when I sign this, I actually agree to any change or addition to the regulations in the future... whether I agree with it or not?

Lawyer

The provision only indicates that you are aware that the (amended) company regulations are declared applicable to the employment contract and not so much that you have to agree with any changes. The employer may not simply change the employment conditions. There must be a unilateral amendment clause for this. If you do not agree with a provision, you can turn to the court in the last resort.

Lawyer

Yes, it is legally possible, but it creates a back door for your employer. I recommend not signing without further ado to ensure you do not disadvantage yourself and to hold the employer accountable.

Questioner

But isn't it true that when I sign this, I actually agree to any change or addition to the regulations in the future... whether I agree with it or not?

Lawyer

I therefore advise you not to sign just like that, but to write to your employer. If you let the employer build in a safety, you will not be faced with unpleasant surprises. For example, exclude primary employment conditions.

Questioner

But isn't it true that when I sign this, I actually agree to any change or addition to the regulations in the future... whether I agree with it or not?

Lawyer

You agree that changes become effective upon signature, but a change should only be implemented by the employer if there are compelling business interests. If you do not agree with that interest, you can object to it in writing.

Lawyer

The employer can impose measures on you if you sign. So don't sign immediately.