Legal Advice for Employment Contracts and Fridays
Questioner
Dear, Next year, I'll have been working for the same employer for 25 years. Fifteen years ago, I changed my employment contract in consultation with my employer. I've gone from working 40 hours a week to 32, with Friday being my day off. This isn't stipulated in my employment contract. Now, 15 years later, my employee is asking me to work on Fridays every three weeks. This is because she recently gave two other employees Fridays off as well, and the staffing is insufficient. The employee suggests that you both should rotate Fridays, and that you take a different day off that week. My question is: Can/may this simply be extended to 15 years? My husband recently arranged with his employer that he will also have Fridays off from now on so that we can enjoy the good life together more. I look forward to hearing from you. Thank you in advance!Questioner
Your employer can't just say this. There must be a compelling business interest. At first glance, I'd say your employer can't give two other colleagues the day off on Fridays and then call you in after 15 years. For now, I'd stick to my guns and refuse. Of course, even if you're legally within your rights, your refusal could still cause friction. If you'd like, as a specialized employment lawyer, I can help you discuss this with your employer.Questioner
After 15 years, you have an acquired right. The employer's reason doesn't seem very convincing to me. In your case, the so-called Mammoet/Stoof criterion applies. Is it a reasonable proposal? If so, is it reasonable for you to accept it? The answer seems to me to be "no" twice. If you have any further questions or problems, I advise you to contact a specialized employment law attorney, such as myself, as soon as possible. Make sure they are members of a specialized association. The first consultation is often free, as is the case at my office.Take the next step
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