Employees
(Amendment of) employment conditions
The terms of employment of your employees are central to every employment contract. It is of course of great importance that not only the interests of your employees, but also those of you (during and after employment) are properly safeguarded. Drawing up these conditions deserves serious and permanent attention. We are happy to help you with this.
Modification of terms of employment
Not only drawing up, but also (being allowed to) change the terms of employment of your employees is a subject you regularly have to deal with in a variety of situations. When merging – harmonizing – terms of employment (e.g. after a takeover), when changing tax regulations or when business economic circumstances give cause to do so, such as a Corona crisis.
It is important, first of all, to determine what you want to change and whether this is in fact an employment condition or, for example, an orderly regulation (for example: prohibition of alcohol consumption during work). In the latter case, the rules for changing employment conditions do not apply. Rules of order fall under the instruction law of the employer.
When determining the possibility of adjusting terms of employment, it is also important whether the terms of employment are primary, secondary or tertiary.
Grounds for amending terms of employment
If you want to change employment conditions, you will initially consult with your employee(s) and ask them to agree in writing to the proposed changes. If an employee does not give his or her permission to change the employment conditions, there are several possibilities to realize a desired change of employment conditions, namely unilateral change (if agreed in the employment contract), good employee and employer manship, reasonableness and fairness and unforeseen circumstances.
Terms of employment and transfer of undertaking
After a company’s transition, there is often a need to harmonize terms of employment. Would you like to change employment conditions after a transfer of undertaking? There may be special circumstances that you need to consider. Such as acquired rights, transitional arrangements to be made and applicable collective labor agreement(s).
Employment law Lawyer
If you would like to know more about workable and effective terms of employment and how you can change these in different situations, please contact Peter Verheijden or Lisa Kloot.
More about employees:
Click further if you would like to know more about how we can advise you on the areas/subjects below:
SPECIALIZED LAWYERS
These are our lawyers who specialize in this area.
Peter Verheijden
Richard Ouwerling
More about employees
Qualification of the employment relationship: management agreement or employment contract?
The qualification of an employment relationship is of great importance. It determines which rights and obligations the parties have towards each other. The relationship between employer and employee is very different from the relationship between client and contractor. If possible, it is wise to make as clear as possible an agreement about the relationship. This prevents problems in the future. But what if the parties have a different opinion about the qualification of the employment relationship?
Non-competition clause for commissioned workers and the prohibition on obstructing competition
In the assignment contract between the client and the contractor, a non-competition clause can be agreed - just as with employers and employees - so that the client can protect its business interests when the relationship with the contractor ends.
No-risk policy: points of attention for employers
In this article we discuss the so-called 'no-risk policy' and points of attention for employers who employ personnel with a no-risk policy. We discuss what the policy entails and what this means for the reintegration obligations when the employee becomes disabled.
