Legal assistance with employment law: your rights and obligations

Questioner

Hello, I work as a manager in retail and things are going quite badly there at the moment. We have to focus more on wage costs and they have to try in all possible ways to ensure that they keep the costs as low as possible. Understandable... But they have already taken away our monthly bonus and they have now asked us to give up the Sunday allowance. Because we do not have a COA, employees who have a contract before 1 April 2013 are entitled to the allowance because they are permanently employed and the rules of the old collective labour agreement apply. After that, those rules do not apply but those of the law. We, especially the manager of the company, are being pushed into a corner, that it is not allowed but it has to be done to keep our heads above water and not go bankrupt. There is no other compensation, we get into trouble with the hours. Then according to the company we have to work an extra day to catch up on those hours. While I have to work as few hours as possible with cheaper people. And they say that it will not be any more pleasant if we do not sign. All branches are in doubt about what to do because we do not agree with it. We were also told that this would start on November 1st, but we were only told on the 4th. Which is why I was only able to tell my team later that they had not received double since November 1st without knowing it. This makes my employees very angry and they do not want to sign what is their right. I am in doubt because I have a heart for the company, but I do not want to be treated like a pawn. But if I do not sign myself, I will get into trouble anyway because they think that I should make sure that my branch stays open. Whether I cooperate or not. This forces me to fire people (no contract extension) because they choose not to go along with something they are entitled to. How strong am I in this story if I do not sign? I have a permanent contract based on the old collective labor agreement which states that I am entitled to it. Can they fire me then? Or if I do sign and I'm still treated like a pawn and then have to sign something else. What's next? Salary reduction? I really wonder how strong I stand if I don't agree to this. Yours sincerely

Lawyer

In an employment relationship, two issues play a role: the legal position of the employee and the instructions of the employer. The legal position is an individual matter between the employee, possibly supported by the trade union and the staff representation. You are within your rights if you try to defend your own legal position as best as possible. After all, the employer is not free to change your employment conditions unilaterally. On the other hand, you must behave as a good employee and carry out your employer's instructions as best you can.