Introduction
During illness, you, as an employee, may face unexpected changes, such as a modification to your employment contract. This can create uncertainty. What are your rights and obligations in such a situation? And is your employer allowed to adjust your employment conditions while you are ill? This article explains the rules, including the associated risks and opportunities.
Changing an employment contract during illness isn't simply permitted. As an employee, you enjoy legal protection against changes made without your consent. However, there are situations where adjustments are possible, provided they are carefully substantiated.
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Permission required
Your employer can only change your employment contract with your consent. This could involve, for example, a change in job title, different employment terms, or an adjustment to working hours. Without your explicit consent, a change is legally invalid. -
Amendment clause in the contract
Some employment contracts include a modification clause. This allows the employer to make changes without your consent under strict conditions. Consider, for example, business necessity. However, a change must be reasonable and fair and must not violate the law. -
Reintegration and adjustments
During illness, a change may be necessary for reintegration purposes. For example, your role may be temporarily adjusted to promote your recovery. These changes are usually documented in an action plan and require your cooperation, provided they are reasonable.
Your rights during illness
As a sick employee, you have additional legal protection. This means that unilateral changes or changes that hinder your recovery are not permitted. Please note the following:
- No deterioration of employment conditions: Your employer may not simply change your wages, hours or other important conditions.
- Involvement in the process: You must be actively involved in the discussion and decision-making about any changes.
- Protection against dismissal: During the first two years of illness, there is a ban on dismissal, which also indirectly affects changes to the contract.
Risks for employees
- Ignorance of rights: Many employees are unaware of their legal protections, which can lead them to wrongly agree to changes.
- Employer pressure: Employers can exert pressure to agree to changes, which is not always legitimate.
Opportunities for employees
- Better working conditions: In consultation, a contract amendment can lead to conditions that better suit your situation, such as adjusted working hours or a lighter role.
- Promoting recovery: A good plan of action can contribute to a smooth reintegration process.
What can you do?
- Consult your employment contract: Check whether a change clause has been included.
- Ask for written confirmation: Have any changes confirmed in writing before you agree.
- Seek legal advice: Unsure about your rights? Contact a legal aid clinic or lawyer.
- Be assertive: Don't be pressured into agreeing to changes you're not comfortable with.
Conclusion
Changing an employment contract during illness is subject to strict rules. Make sure you are fully aware of your rights and obligations to avoid unlawful changes. Consult a legal expert if you have any doubts about the legality of a change.
