Change of Work Contract

There are two fundamental issues which must be clarified and understood prior to change of work contract:1. if an employer wishes to alter one or more elements of the working contract, employee consent must be given.2. A modification of working contract does not allow an organization to alter the working conditions of its employee.French Employment law states that even if an alteration to an employee ’s contract is the result of disciplinary, the employee may still refuse acceptance to suggested alterations.

Employers Right to Change
An employer is entitled to propose amendments to a working contract or change the working conditions. In France the elements of ones employment contract are not bound to legal definition, however, it can include, the employee’s function, remuneration, hours of work and qualifications. Examples of such amendments include a change workplace, scheduling of work hours etc.

Employee Refusal to Change an employees refusal to the above mentioned altered work conditions can be imposed as managerial force, refusal by an employee can be considered professional misconduct and breach of contract.
A employer in France may dismiss an employee for gross misconduct, in which case notice and compensation is not required.

Such modifications, considered an essential part of the working contract, can only be proposed to an employee, in the event of refusal, the employer has several options, including dismissal, according to the correct procedure.
Although clauses may have been included in the French employment contract, such as a mobility clause, imposing such clauses does not constitute employee acceptance.

A reduction of Working Hours
If conditions permit so, an employer may decide to decrease the working hours, accompanied by a reduction in benefits and remuneration. Should an employee refuse such an amendment, an employer my proceed with dismissal.