amended employment contract
Monday, February 21, 2011
Eyetoy Web Cam Free Drivers
On the modification of the employment contract
amended employment contract
In case of change of employment contract, the agreement of the employee and the employer is essential. amended employment contract
If a simple change in working conditions, the employee can not in principle oppose.
In principle, this can not be unilaterally amended, which falls within the "sphere of contract", ie, compensation and position of employee, hours of work as mentioned in the contract of employment and all elements contained therein as substantial or fundamental to the parties to the contract.
The employee may always refuse a change in his employment contract.
So the employer can freely change the working conditions of its employees, mostly for service needs and organization. However, it can not change the contract of employment for its employees without the express consent of the latter.
When changing working conditions, except for discrimination or harassment in the workplace or abuse or bad faith demonstrated by the employer in the context of the implement its power steering employee's refusal to change is not legitimate.
An employee may, in principle, refuse a change in his duties as the position held is an essential element of the employment contract.
Thus, an employee through, for example, can not be forced to new tasks below its previous position.
In principle, a withdrawal of responsibility, demotion, even in case of continuation of pay, he can not be imposed.
The justification for the breach of the contractual relationship of employment by the employer in case of refusal of an amendment to the contract work is not legitimate in the refusal by the employee of the amendment, but the original motive of changing the employment contract.
This pattern, which may be a personal reason, disciplinary, economic, must be mentioned in the letter of dismissal, denial of the amendment can not itself constitute a valid reason for failure.
So, in case of refusal by the employee of a change in his employment contract, the employer may either continue the original contract or expedite the dismissal process, including the industrial tribunal judge will assess the merits both as regards the legitimacy of the amendment that the merits of the refusal of the employee, provided that the dismissal will be based on the only employee's refusal to accept the amendment of the employment contract will be devoid of real and serious.
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