Can an employer simply downgrade a position and salary?


Questioner

I was a team leader at work. Now I was told a few weeks ago that it would become an official function and that I do not have the potential for it. I had been doing it for 2 years. Now I would do it for 1 more week and then become regular store personnel again. The day after I was told, I went on sick leave with a burn-out. I have not yet signed a new form stating that I would become regular store personnel again. Now I have just received my salary and they have already lowered my salary by taking away the team leader allowance. Now my question is whether they are allowed to do all this. At the time, I did sign a paper stating that I would become a team leader and that the contract would run until December of this year.

Lawyer

Under certain circumstances, primary employment conditions such as position and salary can be adjusted, but strict requirements apply. The employer must act as a good employer and the employee must be expected to cooperate with a proposed measure to adjust such employment conditions. If you have only been informed that you do not have the potential for the position (without having been informed of this beforehand and without having had an opportunity to improve, for example), then that seems 'too simplistic' to me. It is possible that under such circumstances summary proceedings with the aim of maintaining position and/or salary may have a good chance of success. If you were to sign for a position/salary change, you are of course committed to it! If you would like to discuss this, you can call me without obligation if you wish (06-30575754).

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