If the treaty change is so serious that it is a fundamental violation and you feel that you have no choice but to resign, you may decide to file a constructive dismissal application. This is a risk option and you should get legal advice. However, if your employer is able to demonstrate that there is a real good business reason for change and that its actions are a proportionate way to achieve a legitimate goal, your application will not be successful. To do so, they should make it clear that each employee can apply and does not need to outline why they want the change. Depending on the number of employees affected by the change in conditions, 20 or more employees may have a duty of collective advice for your employer. If so, ask for advice. If you are considering changing the terms and conditions of your employees or if you have received a request for flexible work from an employee, we strongly advise you to contact us and discuss your options. We`ll help you make a decision that meets your business requirements and minimizes the risk of a lawsuit in the future! Here are some suggestions to make sure your new work model works for everyone. Any reduction in your working time should not affect your right to enter a occupational pension plan or your stay. The exclusion of part-time workers from a work pension constitutes unlawful discrimination. You should look at your contract and check if there is a wording in the contract that says the employer can change its terms without your consent (often referred to as the “variation clause”) and try to remember if something has been agreed orally. If there is a variation clause, it is generally only allowed for minor and non-harmful changes.
You are wondering if your hired work order can be changed or not during a consultation process. If your employer insists on changing the contract, you can claim a right. The rights you can file depend on the change the employer is trying to make, as well as how long you work for your employer. For more information on constructive dismissal, please visit our website. In most cases, you can only apply for constructive dismissal to the labour tribunal if you have been employed by your employer for at least 2 years. There is an exception if you have been discriminated against or if your employer imposes a contract change because you have exercised a legal right. In this case, you can make a claim against your employer, regardless of the time you worked for him, because the dismissal would be “automatically unfair”. You should get legal advice before you resign, as these claims are very difficult to obtain. This too should be the result of a new agreement between them and their employer. Sometimes your employees may ask for a change in work situation. Keep in mind, however, that modern business employees value a flexible work environment.