As an employer, you may be wondering, “Do I need to make any changes to employment contracts due to COVID-19?” You may need to make changes to the following: You can only extend legal rights when you provide a contract. You cannot offer fewer rights than your employees are legally entitled to. You may be able to challenge the changes requested by your employer, even if one or more of these clauses are included in your contract. Much will depend on the admissibility and proportionality of the proposed amendments in the light of the treaty wording. If your employer wants to change your contract, you may have several options. If you want to modify a contract in this way, it carries legal risks. If you have been transferred to a new employer, they may not make any changes to your contract if it is directly related to the transfer. For example, they can`t cut your salary because they pay less to someone who already works for them in a similar role. If your employer is trying to reduce your salary, it`s worth seeking expert advice early on to get a clear idea of your options and next steps, employers should follow the right process when making contract changes – for example, if enough employees are affected by the proposed changes, consultation may be necessary. Agreed changes do not necessarily have to be made in writing, but if they change the terms explained in your “written work description”, your employer must provide you with a written statement of what has changed.

This must be done within one month of the change. In addition, changes in hours and service made in retaliation to workers exercising their labour rights – such as. B filing a workers` compensation claim, taking an FMLA leave, filing a complaint for wages or discrimination, whistleblowing, etc. – would violate workers` protections under these laws. And it is certain that changes based on unlawful discrimination (i.e., only women have reduced their working hours or reduced their authority) would be illegal. Once you have agreed to these changes, you can send the employee a contract amendment letter explaining the discussions and adjustments made to their contract. If the change involves the cancellation of a benefit, it is more likely that an employment court will believe that your employer acted fairly if they offered something in exchange for the change, for example. B as financial compensation, and gave sufficient notice before the change took effect so that employees could plan ahead.

For example, if you plan to change the contractual hours, you have the right to do so. Other common changes may include: Check your contract to see if your employer has included the possibility of reducing your working hours. It would have been included in the normal hours of work section of the document, and some flexibility could have been included in your conditions to allow for quiet periods in business or in anticipation of a slowdown in the economy. There may also be “withdrawal conditions” in your contract. Sometimes it is necessary to change the terms of an employment contract. Find out why your contract could be changed, what your rights are, and how to avoid or resolve issues related to those changes. Your employer should not violate equality laws when changing the terms of the contract. Pre-counselling can help your employer determine who is most likely to be negatively affected by the planned change and take steps to reduce this negative effect. You explain that if you are not satisfied with the changes proposed by your employer, you may not have to accept the changes – but it depends on the wording of your contract and the nature of the changes. Under applicable labor law, a contract change may occur if you need to make changes. But there can be legal and HR consequences if you don`t manage the changes appropriately. Employers sometimes have to make changes due to economic circumstances.

The business may need to be reorganized, moved to a new location, or modified due to new laws or regulations. Things that could change are: The basis of your employment relationship is usually defined in an employment contract. Some important information about your conditions is required by law, for example. B work obligations, wages, working hours and public holidays. If your employer changes, you are usually entitled to receive a new, full written certificate of employment within two months of the change. You would not be entitled to it if: Your employees have statutory rights. They are established by law to ensure equal and fair treatment. Some employment contracts include an opt-out clause that may allow your employer to make changes to your contract. A notice period for a modification of the employment contract requires a “reasonable” period. You may not insist on making changes unless they are covered by a legal right. B, for example, the rejection of Sunday work or the 48-hour week.

You may be able to request a change in your working hours as part of flexible labour rights. So if you think your contract has been changed without your consent, talk to us so that if you think, “I want to change my employees` employment contracts due to covid-19, what options do I have?” At some point, you or your employer wants to change your employment contract. However, neither you nor your employer can change your employment contract without the consent of the other. Changes should normally be made after negotiations and agreements. You may refuse to work under the new conditions and continue to work as you did under your original contract. If change is something more fundamental that really changes the nature of your job, you may want to resign and demand constructive dismissal. This is, of course, a big step that requires careful consideration. We recommend that you contact us if you are considering withdrawing. Usually, you can`t change your mind once you`re gone, and there are significant hurdles to overcome for a constructive dismissal claim. Employees can also request changes to the terms of their contract. If you are not satisfied with a change to your contract and do not want to accept it, you must follow the steps to follow.

When contacting your employer, it`s always best to put things in writing so you can keep a copy. If changes are made to your contract, the employer must notify you in writing within four weeks. The other terms of your agreement are not affected by this update. The reason for the change is on [explain your reasoning]. So, can an employer change the details of the contract? Yes, you can. But you have to consider the rights of your employees. There are only three ways to make this change: an unauthorized and unilateral change is likely to be a violation of the employment contract, and the fact that the employer has informed you of the change does not make it legal. However, if you accept the change without protesting, chances are you have implicitly accepted the change and lost your right to oppose it. If the change seriously violates your contract, you may be able to apply for notice of implied termination in an employment court after your resignation. If you do not accept the new contract – or if you have accepted the new one but think there was no good reason to terminate the old one – you have the right to bring an action for unjustified dismissal as long as you work for your employer continuously for at least one year. You may also be able to apply for a dismissal if you have been operational for at least two years.

Many executives in high-level positions have employment contracts that include specific conditions, such as. B, compensation, benefits, benefits, obligations of employees and employers and, above all, provisions relating to changes to contract. .