{"product_id":"vragen-22706-ik-ben-8-jaar-werkzaam-in-de-catering-op-een-vaste-locatie-nu-wil-mijn-werkgever-of-mij-of-mijn-co","title":"Legal rights in case of job transfer","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \nI have been working in catering at a fixed location for 8 years, now my employer wants to transfer me or my colleague to another location. Under the guise of a change of location, you keep yourself sharp, and you become too familiar with the people of the company you cater for. We really enjoy ourselves at the location and do not want to leave, what are our rights in this?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n That depends. For determining your rights and obligations, it is important - among other things - what is stated in your employment contract\/regulations\/collective labor agreement about changing function\/conditions\/working hours\/location, etc.\n\n Some general explanation: the general principle is that an employer may not change something like this without the employee's prior consent.\n\n There are, however, exceptions:\n\n 1. If a unilateral amendment clause has been agreed, the employer does not need the employee's prior consent to amend the employment conditions. At least:\n \n•The amendment clause must be agreed in writing. The clause can be included in the employment contract, the collective labour agreement or a personnel guide that has been declared applicable.\n\n •The employer must have a weighty interest in the change, for example to avert possible bankruptcy or layoffs. And this employer's interest must outweigh the employee's interest, so that the employee's interest must yield.\n\n 2. However, if no unilateral amendment clause has been laid down, there are still options for the employer.\n\n Case law shows that there are strict conditions:\n\n •There must be changed circumstances which provide sufficient reason to make a proposal to change the conditions;\n\n •The proposal must be reasonable, taking into account all the circumstances of the case.\n\n •The employee can reasonably be expected to accept the proposal.\n\n Whether the change is reasonable depends on, among other things:\n \n• The nature of the changed circumstances. A judge will more quickly consider a proposal reasonable if the employer can demonstrate that the company is experiencing serious business economic problems. An example is offering a lower position to prevent the employee from being dismissed.\n\n • The nature and significance of the change. For example, changing the function may be considerably more significant than abolishing a bonus.\n\n • The employer's interest. Major financial problems may constitute a legitimate interest, but an increase in profits may not.\n\n • The employee's interest in not changing. In the event of a transfer, for example, a factor may be that the employee cannot travel far due to personal circumstances.\n\n • Is a reasonable phase-out arrangement possible?\n\n • Also check whether a collective labor agreement applies (no deviation from this is permitted) or whether a Works Council should be consulted.\n\n • And is the change collective or individual?\n \nAt first glance, the employer's argument does not seem sufficient. But it is best to consult with a lawyer about your specific situation and circumstances. You can contact me for this without obligation.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55015446806877,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-22706-ik-ben-8-jaar-werkzaam-in-de-catering-op-een-vaste-locatie-nu-wil-mijn-werkgever-of-mij-of-mijn-co","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}