Modification of an employee's employment contract

Verified 13 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Can an employee refuse changes to his employment contract envisaged by his employer? We explain the regulations in force, depending on whether the employment contract is modified for a non-economic reason or for an economic reason linked to the company's financial situation. Special conditions apply for the protected employee.

Non-economic reason

Essential element of the employment contract

Pay is a essential element the employee's employment contract.

The amendment of an essential element of the employment contract may not be imposed by the employer, but only proposed to the employee.

Pay cannot be changed by the employer without the employee's consent.

If the employer intends to change the employee's remuneration, he must inform him accordingly beforehand.

There is no specific measure for the transmission of this request for modification of the employee's remuneration by the employer.

However, the employer must provide a reflection period the employee to accept or reject the reduction in his remuneration.

That period is not defined in the act.

The judges have determined that the time limit must be reasonable, i.e. giving the employee time to accept or not accept the employer's proposal.

The labor administration is advocating a 15-day period.

If the employee does not respond to the proposal to reduce his or her salary within the time limit set by the employer, the employee's failure to respond does not constitute acceptance.

Employee agreement

If the employee agrees with the employer, the change in the amount of the employee's remuneration applies.

Employee Refusal

The employee may refuser a change in the amount of his remuneration or a reduction in the hourly rate provided for in his initial employment contract.

If the employee refuses, the employer may either waive the right to modify the remuneration or dismiss him. It must then respect the dismissal for personal reasons.

Possible remedy

In the event of a dispute, the employee may, even after the implementation of the modification of his employment contract and without his agreement, refer the matter to the Labor Council (CPH).

Non-essential element of the employment contract

The duties of the employee shall not constitute not an essential element the employee's employment contract.

The employer may entrust the employee with new tasks, withdraw him from them or assign him to a post or another service.

The granting of new tasks corresponding to the qualification of the employee constitutes a simple change working conditions.

Asking an employee to perform new tasks does not require a change to their employment contract.

The employee has no recognized right to always perform the same tasks.

Employee agreement

If the employee agrees with the employer, the arrangement of his duties applies.

Employee Refusal

The employee cannot therefore oppose this change.

In the event of the employee's refusal, the employer must choose between the following 2 options:

Possible remedy

In the event of an adjustment of his duties for a discriminatory ground, the employee may refer the matter to the Labor Council (CPH).

Essential element of the employment contract

If the new functions offered to the employee involve a change in professional qualification, this is a mchange essential the employment contract.

If the employer intends to change the occupational qualification of the employee, he must inform him accordingly beforehand.

There is no specific measure for transmitting this request for modification of the employee's professional qualification by the employer.

However, the employer must provide a reflection period to the employee to accept or reject the change in his professional qualification.

That period is not defined in the act.

The judges have determined that the time limit must be reasonable, i.e. giving the employee time to accept or not accept the employer's proposal.

The labor administration is advocating a 15-day period.

If the employee does not respond to the proposal to change his professional qualification within the time limit set by the employer, the employee's failure to respond does not constitute acceptance.

Example :

Removing the responsibilities of a supervising employee entails a modification of his employment contract.

Employee agreement

If the employee gives his agreement to the employer, the modification of his professional qualification applies.

Employee Refusal

The employee is entitled to refuse the change in his professional qualification (even where the remuneration and some of the previous duties are maintained).

The employee may require that the tasks entrusted to him be related to his professional qualification.

Possible remedy

In the event of a change in his professional qualification without his consent, the employee may refer the matter to the Labor Council (CPH).

Non-essential element of the employment contract

The employer may fix a redistribution or a redevelopment working hours.

The organization of working hours shall not constitute not an essential element of the employee's employment contract

Example :

If there is a high level of activity during a period known in advance, the employee may have to work more than 35 hours in certain weeks, and then less than 35 hours in subsequent weeks.

The reduction of working time with maintenance of previous wages resulting from a company agreement is binding on all employees.

Employee agreement

If the employee agrees with the employer, the adjustment of the employee's working hours applies.

Employee Refusal

The employee cannot therefore oppose this change.

In the event of the employee's refusal, the employer must choose between the following 2 options:

Possible remedy

In the event of an adjustment of his working hours for a discriminatory ground, the employee may refer the matter to the Labor Council (CPH).

Essential element of the employment contract

Where the duration of working time is laid down in the contract of employment, the employer shall cannot change it without the employee's consent.

This is a element essential the employee's employment contract.

This applies to the following changes:

  • Changing from a fixed to a variable schedule
  • Switching from a continuous to a discontinuous schedule
  • Switching from daytime to nighttime or vice versa

The reduction in working hours decided by the employer, when accompanied by a reduction in pay, entails a change in the contract of employment.

If the employer intends to change the working time of the employee, he must inform him accordingly beforehand.

There is no specific measure for the transmission of this request for modification of the working time of the employee by the employer.

However, the employer must give the employee a period of reflection to decide whether or not to accept the modification of his duties.

That period is not defined in the act.

The judges have determined that the time limit must be reasonable, i.e. giving the employee time to accept or not accept the employer's proposal.

The labor administration is advocating a 15-day period.

If the employee does not respond to the proposed change in working time within the time limit set by the employer, the employee's failure to respond does not constitute acceptance.

Employee agreement

If the employee gives his consent to the employer, the change in the duration of his working time applies.

Employee Refusal

The employee is entitled to refuse changing the length of his working time.

Possible remedy

In the event of a change in the duration of his working time without his consent, the employee may refer the matter to the Labor Council (CPH).

In the same geographical area

If the change of workplace takes place in the same geographical area as the original location, the mutation is considered to be a simple modification working conditions.

The employee must then accept the change in his place of work.

No changes to the employment contract are necessary.

The employee shall change his place of work in accordance with the terms of the employment contract.

The employee's refusal to change the workplace may justify a disciplinary sanction.

In case of dispute, only the judge can assess whether or not the proposed transfer corresponds to the geographical area of the employee.

The judge may rely on criteria such as:

  • Distance between establishments
  • Extension of travel time to be expected
  • Quality of public transport to the new workplace.

Outside the geographical area

The mutation is considered to be a modification of a element essential the employment contract.

In this case, the employee's consent is required.

However, the agreement of the employee not necessary in the following cases :

If the employee accepts the transfer, he or she shall change his or her place of work in accordance with the terms of the employment contract.

If the employee refuses the transfer, the employment relationship shall continue under the same conditions.

However, the employer may lay off the employee if he can prove a other reason than the refusal of the employee.

In case of dispute, only the judge can assess whether or not the proposed transfer corresponds to the geographical area of the employee.

The judge may rely on criteria such as:

  • Distance between establishments
  • Extension of travel time to be expected
  • Quality of public transport to the new workplace.

Economic motive

Essential element of the employment contract

Pay is a essential element the employee's employment contract.

The amendment of an essential element of the employment contract may not be imposed by the employer, but only proposed to the employee.

Pay cannot be changed by the employer without the employee's consent.

The employer informs the employee by registered letter with notice of receipt, stating that he has a period of1 month (or 15 days if the company is in receivership or liquidation) to reply and to make known, if necessary, his refusal.

After this period and in the absence of a response from the employee, the amendment of the employment contract applies.

The employee can no longer express his refusal.

Employee agreement

If the employee agrees with the employer, the change in the amount of the employee's remuneration applies.

Employee Refusal

The employee may refuser a change in the amount of his remuneration or a reduction in the hourly rate provided for in his initial employment contract.

If the employee refuses, the employer may either waive the right to modify the remuneration or dismiss him. It must then respect the dismissal for personal reasons.

Possible remedy

In the event of a dispute, the employee may, even after the implementation of the modification of his employment contract and without his agreement, refer the matter to the Labor Council (CPH).

Non-essential element of the employment contract

The duties of the employee shall not constitute not an essential element the employee's employment contract.

The employer may entrust the employee with new tasks, withdraw him from them or assign him to a post or another service.

The granting of new tasks corresponding to the qualification of the employee constitutes a simple change working conditions.

Asking an employee to perform new tasks does not require a change to their employment contract.

The employee has no recognized right to always perform the same tasks.

Employee agreement

If the employee agrees with the employer, the arrangement of his duties applies.

Employee Refusal

The employee cannot therefore oppose this change.

In the event of the employee's refusal, the employer must choose between the following 2 options:

Possible remedy

In the event of an adjustment of his duties for a discriminatory ground, the employee may refer the matter to the Labor Council (CPH).

Essential element of the employment contract

If the new functions offered to the employee involve a change in professional qualification, this is a mchange essential the employment contract.

If the employer intends to change the occupational qualification of the employee, he must inform him accordingly beforehand.

The employer informs the employee by registered letter with notice of receipt, stating that he has a period of1 month (or 15 days if the company is in receivership or liquidation) to reply and to make known, if necessary, his refusal.

After this period and in the absence of a response from the employee, the amendment of the employment contract applies.

The employee can no longer express his refusal.

Example :

Removing the responsibilities of a supervising employee entails a modification of his employment contract.

Employee agreement

If the employee gives his agreement to the employer, the modification of his professional qualification applies.

Employee Refusal

The employee is entitled to refuse the change in his professional qualification (even where the remuneration and some of the previous duties are maintained).

The employee may require that the tasks entrusted to him be related to his professional qualification.

Possible remedy

In the event of a change in his professional qualification without his consent, the employee may refer the matter to the Labor Council (CPH).

Non-essential element of the employment contract

The employer may fix a redistribution or a redevelopment working hours.

The organization of working hours shall not constitute not an essential element of the employee's employment contract

Example :

If there is a high level of activity during a period known in advance, the employee may have to work more than 35 hours in certain weeks, and then less than 35 hours in subsequent weeks.

The reduction of working time with maintenance of previous wages resulting from a company agreement is binding on all employees.

Employee agreement

If the employee agrees with the employer, the adjustment of the employee's working hours applies.

Employee Refusal

The employee cannot therefore oppose this change.

In the event of the employee's refusal, the employer must choose between the following 2 options:

Possible remedy

In the event of an adjustment of his working hours for a discriminatory ground, the employee may refer the matter to the Labor Council (CPH).

Essential element of the employment contract

Where the duration of working time is laid down in the contract of employment, the employer shall cannot change it without the employee's consent.

This is a element essential the employee's employment contract.

This applies to the following changes:

  • Changing from a fixed to a variable schedule
  • Switching from a continuous to a discontinuous schedule
  • Switching from daytime to nighttime or vice versa

The reduction in working hours decided by the employer, when accompanied by a reduction in pay, entails a change in the contract of employment.

If the employer intends to change the working time of the employee, he must inform him accordingly beforehand.

The employer informs the employee by registered letter with notice of receipt, stating that he has a period of1 month (or 15 days if the company is in receivership or liquidation) to reply and to make known, if necessary, his refusal.

After this period and in the absence of a response from the employee, the amendment of the employment contract applies.

The employee can no longer express his refusal.

Employee agreement

If the employee gives his consent to the employer, the change in the duration of his working time applies.

Employee Refusal

The employee is entitled to refuse changing the length of his working time.

Possible remedy

In the event of a change in the duration of his working time without his consent, the employee may refer the matter to the Labor Council (CPH).

In the same geographical area

If the change of workplace takes place in the same geographical area as the original location, the mutation is considered to be a simple modification working conditions.

The employee must then accept the change in his place of work.

No changes to the employment contract are necessary.

The employee shall change his place of work in accordance with the terms of the employment contract.

The employee's refusal to change the workplace may justify a disciplinary sanction.

In case of dispute, only the judge can assess whether or not the proposed transfer corresponds to the geographical area of the employee.

The judge may rely on criteria such as:

  • Distance between establishments
  • Extension of travel time to be expected
  • Quality of public transport to the new workplace.

Outside the geographical area

The mutation is considered to be a modification of a element essential the employment contract.

In this case, the employee's consent is required.

However, the agreement of the employee not necessary in the following cases :

The employer informs the employee by registered letter with notice of receipt, stating that he has a period of1 month (or 15 days if the company is in receivership or liquidation) to reply and to make known, if necessary, his refusal.

After this period and in the absence of a response from the employee, the amendment of the employment contract applies.

The employee can no longer express his refusal.

If the employee accepts the transfer, he or she shall change his or her place of work in accordance with the terms of the employment contract.

If the employee refuses the transfer, the employment relationship shall continue under the same conditions.

However, the employer may lay off the employee if he can prove a other reason than the refusal of the employee.

In case of dispute, only the judge can assess whether or not the proposed transfer corresponds to the geographical area of the employee.

The judge may rely on criteria such as:

  • Distance between establishments
  • Extension of travel time to be expected
  • Quality of public transport to the new workplace.

Protected employee

Any modification of the employment contract of a protected employee requires its express agreementwhether for non-economic or economic reasons.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Protected employee agrees

If the protected employee agrees, the changes to the employment contract apply.

Protected Employee Refuses Change

If the protected employee refuses the proposal, the employer must choose between 2 options following: