Lower salary based on new job profile

Questioner

A year ago I moved from the position of operational director to a new position as product owner. The following was recorded on 26-01-21 'Although your base salary is high for the position you currently hold, we do not want to simply take this away from you. Based on what you are able to achieve in Flanders and also compared to the other two Product Owners, we can then determine whether or not to adjust your salary.' There was no agreement about what was expected of me specifically, apart from the fact that I had to take over some implementation processes and train a new colleague. I did that. Furthermore, I have taken on matters at my own discretion, often resulting in positive feedback. Around the summer, the CEO let slip on the phone that he saw no reason to adjust the salary. The COO said in a conversation today that this is unknown to her. The company I work for is growing and, due to professionalization, a job profile has been drawn up for my position (the position I have been doing for a year). The COO sent an email this weekend in which she indicated that she wanted to use the discussion of this profile on Monday to also evaluate the past year and what I thought was appropriate in terms of salary. Today I indicated that I did not know that we were going to evaluate and that I need more time. I also asked where the question about my salary came from and whether she plans to adjust it. She then indicated that this is indeed the case and that she wants to adjust my salary downwards because this is fairer for the other Product Owners. My question is: Does the organization have sufficient basis to simply adjust my salary? Furthermore, I am curious what I can say or ask in response to this. My opinion is that the CEO has indicated that there is no basis to adjust the salary, which means that I am acting in good faith regarding my terms of employment.

Lawyer

The salary is stated in your employment contract and cannot therefore be adjusted without your permission. Salary may never be adjusted unilaterally. There must be a weighty interest on the part of the employer. New job profiles will probably not fall under this. It is more common for people to work in a company with other (better and older) conditions because they are still in the contract. Even with a fixed-term contract, your salary cannot simply be adjusted, but of course you will then have an end date. If you were to sign a new contract with a lower salary, you would be agreeing to it yourself by signing it. I advise you not to agree to a salary reduction. If you require legal assistance, please feel free to contact me without obligation.

Lawyer

Uygul-van Dam's answer is not entirely correct. When the function is changed, the salary can be adjusted. Whether this is allowed depends on the specific circumstances of the case. Given the COO's approach and the CEO's verbal commitment, it is advisable to contact a specialized labor law attorney (member of a relevant specialist association) as soon as possible. The first consultation is often free, such as at my office.