Change of position and salary: your rights

Questioner

My employer wants to unilaterally rename my job, add extra tasks to my job that are completely different from what I have done in recent years, and not offer a pay rise in return. Is this allowed?

Lawyer

Dear questioner, This is not allowed. The steps your boss must take before unilaterally changing your position depend on whether a 'unilateral change clause' is included in your employment contract. If this is the case, the employer may change the employment conditions if he can demonstrate that he has a compelling interest in the change, such that your interest must yield. If there is no unilateral amendment clause in the employment contract, you must respond positively to reasonable proposals from the employer that relate to changed circumstances at work and you may only reject such a proposal if you cannot reasonably be expected to accept it. The Supreme Court has ruled that in order to assess whether the employer is making a 'reasonable proposal', a number of elements must be taken into account, including: -the nature of the changed circumstances that gave rise to the proposal; -the nature and significance of the proposal; - the position of the employee concerned to whom the proposal is made and his interest in the employment conditions remaining unchanged. It is not always easy to determine whether the above conditions are met. I therefore advise you to consult a lawyer who specializes in labor law to assess your situation. I hope this answers your question. lawyer

Questioner

Thank you very much for your response. Suppose I have to accept that my function will be changed and made more difficult, can I expect a pay rise?

Lawyer

Don't mention it. It is not self-evident that the change of function is accompanied by a pay rise. For the salary linked to the function, it also applies that your employer may have a weighty interest in a constant salary. Or that your employer's decision not to give you a pay rise can be considered a 'reasonable proposal'. For example, if the company is in economic difficulty. Of course, the employer will have to come up with very good arguments. I advise you to have those arguments assessed by someone who understands employment law, before you agree to a proposal that may be disadvantageous to you. lawyer