Employment Contract Suspension and Modification

Thèmes abordés

Contracts, suspension, modification, employee, employer

Résumé du document

Contract modification is a change made by the employer in the work contract of an employee. There is a difference between modification of work contract and change in the working conditions. The work contract is an agreement between the employer (who has the managing power) and the employee.

The modification of this contract can only take place by a mutual consent. The contract cannot be changed unless and until the employee or the employer both agree to change it.

The modification is taken into consideration when it includes an essential element (which is cited in the work contract definition) such as qualification (tasks/skills), remuneration, work location, part-time work and job guarantee.

Problem for judges: In many cases, it is difficult to see if the nature of the modification is the concern of the essential element or not.

Extraits

[...] However: - In cases of extended sick leave or repeated sick leave, the employer may be entitled to terminate the employment contract on the grounds that the repeated absence of the employee hinders the proper functioning of the company and the company is consequently required to permanently replace the employee. - The failure to comply with those obligations can also be a justification for a dismissal, sometimes for gross misconduct. < number > Employee's back to work After this period of contract suspension, the employee naturally get back to his/her job. [...]

[...] < number > Employee's back to work If the employee is not able to work: The employer has to offer another job, more appropriate to his/her ability and as similar as possible to the previous job (if needed, with the implementation of measure such as transfers, modification of job positions or flexible working hours). The employer has 1month after the medical examination to replace the employee. If the employee refuses the new job offered Layoff is possible if there are no other job available. The employer has to pay compensation one if which is equal to the double of the legal redundancy payment. < number > Employee's back to work If the employer cannot offer a new job: He has to inform the employee, in writing, about the reasons. [...]

[...] - Non remunerated leave - Duration: between 6 to 11 months The employee has to make a request respecting constraints of shape and of deadline. The employer can decide to postpone or to refuse the sabbatical leave in certain situations < number > < number > Eligibility The sabbatical leave is applicable for employees on permanent and fixed term contract under certain conditions : -To have at least 36 months of seniority, consecutive or not. - To have at least 6 years of professional experience. - To have not, in the previous 6 years, taken sabbatical leave or leave to create your own business, or a training leave. [...]

[...] Employees concerned, received short-time working indemnity. short-time working = chomage partiel < number > Conditions for indemnity In order to get the indemnity, the causes of short-time working should be: The economic conditions The difficulties in supply of raw material or energy A disaster or exceptional bad weather The Transformation, re-organization or modernization of the company Any other exceptional situation < number > Conditions for indemnity The employees who can't get the specific indemnity for short-time unemployment are: The ones whose unemployment is caused by a working collective conflict The seasonal unemployed people The ones whose unemployment caused by the temporary closing of their company, is more than 6 weeks The employees who have a « fixed rate agreement in hours or in days » and who are subject to a reduction of their working time Labor Code art. [...]

[...] After that the employee will not have the right to refuse the modification. NB: 1 month is the minimum. This period can be lengthened according to the collective agreement. < number > Procedures Judgment on 28th June 2008 by The Supreme Court of Appeal: If the employer doesn't respect his deadline of one month, redundancy for real or serious causes in the case of an employee refusal (concerning a modification for economic reasons) would be difficult to put in place. < number > What happens if the employee refuses the modification for economic reasons? [...]