Employment contract: definition
A employment contract makes it possible to legally bind a employee has a employer. The employee undertakes to put his professional activity at the service of the employer in return for remuneration. In France, the employment contract is governed by articles L1211-1 and following of the Labor Code. It cannot be modified unilaterally by either party.
Making changes to an employment contract
What are the changes to the employment contract?
The changes to the employment contract concern changes to:
- employee remuneration (salary, bonuses included in the contract);
- duration of the employee’s working time;
- location of the employee’s place of work (only for transfers);
- employee’s workstation.
On the other hand, are not considered as modifications of the employment contract but as changes in working conditions :
- changes in working hours;
- changes in the location of the workplace within the same geographical area;
- the fact of giving the employee new tasks corresponding to his qualification.
Modify the employment contract: the procedure
The law provides for a specific procedure only for changes to the employment contract for economic reasons. In this context, the employer must propose the changes to the employee by registered letter with acknowledgment of receipt. The employee then has one month to send him his answer. If he has not spoken after this time, his silence will be considered as agreement.
Can the employee refuse to modify his employment contract?
The employee is not obliged to accept the modifications of the employment contract submitted by the employer. However, if a refusal is not considered professional misconduct, it may result in a dismissal justified by a personal or economic reason. Thus, when the modification is motivated by economic difficulties, the refusal by the employee to have his number of hours worked reduced may be sanctioned by individual redundancy.
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