When the terms of an employment contract change in ways that affect the employer or the working conditions, employees naturally want to know what rights they retain. A common situation is that the conditions under which the contract was originally agreed do not remain the same and, over time, the working conditions become more burdensome. In such cases, employees whose workload has increased often wonder about their rights to compensation.
Pay Attention to Changes in the Employment Contract
An employment contract signed at the start of a job typically specifies the employee’s duties, working hours, salary and other rights. These agreements often cover details such as pay, fringe benefits, responsibilities, job description, annual and leave entitlements, and working time. However, after the contract is signed, the original conditions can shift to the employee’s detriment: job duties and expectations may grow heavier than originally agreed.
Changes that benefit the employee—such as salary increases, new benefits, or promotion—generally do not cause problems. The issue arises when changes are made to the employee’s disadvantage. If the employer implements unfavorable changes, those changes must comply with certain rules and should not be arbitrary.
Changes to Working Conditions Must Be Proven
One of the most difficult aspects of labor law is determining what the actual working conditions are. Problems commonly occur when employers unilaterally change terms without the employee’s consent, causing hardship. All rights and obligations arising from the employment relationship that ensure proper performance of the job are evaluated within the framework of working conditions.
Written employment contracts usually specify the job to be performed, the title, salary and other entitlements. Yet they may not include detailed rules covering every possible change in working conditions. Therefore, proving whether a change has occurred and what it entails is essential.
It is the employee’s responsibility to demonstrate that working conditions have changed to their disadvantage. Although the employer retains managerial prerogatives, if the employee can prove that their duties have shifted outside the original job description in fundamental ways, the employer may be held liable for the unjust change.
Compensation Rights Arise
If an employee can prove that working conditions have changed unfavorably compared with what was written in the contract—ranging from working hours to the nature of the work—they should first notify the employer in writing. If the employer recognizes the unfairness and cancels the imposed duty, the problem is resolved.
However, if the employer or a responsible manager insists that the new duties are part of the job, they are obliged to inform the employee of the changes in writing. If the employer fails to notify the employee in writing about the changed conditions within six business days at the latest, the employee has the right to terminate the employment.
Another important point is that changes must be communicated in writing and actually reach the employee. If the employee does not accept the new conditions, the new arrangement does not take effect and the employee continues to work under the original contract. Forcing a revised job description on an employee who has not accepted the new contract is considered a justified reason for the employee to terminate their employment.
Therefore, in either scenario—when a job description is altered and becomes more burdensome—if the employee does not accept the change, they may lawfully terminate the contract and become entitled to compensation. The compensation that arises may include notice pay and severance pay, provided the employee meets the relevant conditions at the workplace. If the conditions for notice pay are not met, the employee will receive only severance pay.