Adjusting irregular working hours allowance

Questioner

Our employer recently decided to no longer apply an irregular hours allowance to our night shifts because this is not mandatory according to the CAO GGZ (which we are not affiliated with but do apply). We wondered whether the employer can just do that. Can an employer apply this without consultation if it does the employee an injustice? In addition, the employer has more than 50 employees (since 2022) but has not yet set up a works council and does not plan to do so until 2024... Are they allowed to make the above choice? If we are within our rights to do something about this, how can we do it?

Lawyer

It is important to know that employers are not allowed to make certain changes unilaterally. This is particularly the case with essential elements of an employment contract, such as salary and allowances. Removing an irregular hours allowance can be seen as a material adjustment to the employment contract. Such a change normally requires the employee's consent. In addition, it is noteworthy that your employer does not have a works council, despite having more than 50 employees. According to the Works Councils Act (WOR), every organization with 50 or more employees must establish a works council. The works council also has the right to approve proposed decisions that relate to employment conditions, such as changing allowances. If you believe you are within your rights and want to take action, there are a number of things you can do. Firstly, contact your union, if you are a member. They can advise you and help you to enter into discussions with your employer. If you are not a member of a union, or if you need additional support, you may want to consider seeking legal advice. This can help you determine your legal options and what the next steps may be. Please note that this is general advice only and as I am not fully familiar with your specific situation, it is advisable to contact a legal expert or specialist employment lawyer for more specific advice. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.