Employment law advice: Changes in working hours

Questioner

Dear, I have been working for a company for 10 years, I have a contract for 24 hours as a General employee, the working hours and times were determined by mutual agreement. There is not much in it except the legal rights and obligations. I do not have a collective labor agreement. For 8 years I have had a higher position with a higher salary, but I have no employment contract for that, never received one either. Now it wants to change a lot, especially in the parts of the day that I always work, I now have to work different times, which also has an impact on my work and work enjoyment and private life, it should be clear that I do not agree with it. Now my question is, can I go back to my previous position or does that have consequences for me and are they also obliged to do so because I never received a contract for my current position. I will then still have to work different hours, but I will no longer have the responsibility that I have now and I do not want that anymore, I will then be a General employee again. And can I also refuse the change of working hours because it is not fixed in my contract, it literally states: The working hours and days will be determined by mutual agreement. Thanks in advance for your effort,

Lawyer

An employment contract can be entered into orally. However, clear agreements must be made regarding a number of aspects (article 7:655 Civil Code). These agreements must be recorded in writing or electronically. The employer can change the employment contract. In principle, this must be done in consultation. If you cannot reach an agreement, the double reasonableness test applies (judgment of the Supreme Court in Mammoet/Stoof): 1. Is the change reasonable?; 2. Is it reasonable that you should accept this change? Your interest in maintaining the hours must therefore be weighed against the employer's important business interest. Because you still work there, it is in the interest of the parties to reach an agreement. If that does not work, the judge must decide. Your rights are greater than the employer seems to think. For further questions/problems I advise you to contact a specialized labor lawyer. The first consultation (max. half hour) is usually free.

Questioner

Thank you