Can the individual employer change the contract of employment of a homeworker?

Verified 05 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)

An individual employer who hires an employee at home must normally draw up a written contract of employment. When employment relations change, the employer may propose to the employee a modification of the employment contract. How is this amendment proposed? Can the employer modify the contract? Cesu: titleContent ? Can the employee refuse this change? We are taking stock of the regulations.

The employment contract of the home-based employee shall include mandatory particulars.

Where the employer wishes to amend the home-based employee's employment contract, he must propose a agreeable written.

FYI  

The contract oral of the home worker declared to the Urssaf service Cesu: titleContent produces the same effects as a written contract. When the employer wishes to modify the contract oral, he must propose a rider to the employee (for example, the employer wishes to reduce the working time from 3 hours per week to 2 hours per week).

Employee agreement is required when the employment contract change affects an item essential contract of work. The contract of employment may be amended in particular in the following cases:

  • Remuneration, up or down.
    The remuneration includes the salary and all salary "accessories", such as benefits in kind (meals, accommodation).
    If the employment contract provides for the provision of a meal to the employee, this benefit cannot be withdrawn without his agreement.
  • Workplace. It is normally fixed in the home of the individual employer and must be indicated in the contract. The change in the workplace may be considered significant if the new workplace is remote and no compensation is given to the employee, for example.
  • Hours of work (number of hours of work to be performed in the week or month). Any upward or downward changes to this period may not be imposed on the employee.

As regards working hours, everything depends on the possibilities of modification provided for in the employment contract. For example, if the contract did not provide for the possibility of working hours night presence, the employee's agreement must be obtained.

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The working hours are laid down in the contract

The individual employer cannot change the hours without the employee's agreement.

Working hours are not provided for in the contract

They may be modified without the employee's consent, unless the change of working hours involves a very significant change in the employee's working conditions.

One agreeable written to the employment contract must be drawn up by the individual employer.

This amendment must indicate the changes made to the initial employment contract and the new working conditions.

It is signed by the employer and the employee.

Please note

This written amendment must be drawn up even when the employee has a contract oral declared to the Urssaf service Cesu: titleContent.

Yes, the homeworker may refuse to amend his contract of employment.

The individual employer may then choose one of the following 2 options:

  • Either cancel the proposed amendment and the employment contract continues under the initial conditions
  • Either lay off the employee, if for any other reason that the refusal to amend the contract exists

Disputes shall fall within the jurisdiction of the prud'homme council the domicile of the individual employer.

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