Can your standby allowance be stopped?

Questioner

As of next month, my standby allowance will be stopped. I will no longer have to be on standby. I have had this allowance for 9 years now and family life is not set up to be able to do without this allowance. Can an employer just do this?

Lawyer

That depends. For determining your rights and obligations, it is important - among other things - what is stated in your agreement/regulations/collective labor agreement about changing a function/conditions etc. Some general explanation: the general principle is that an employer may not change employment conditions/a function without the employee's prior consent. There are, however, exceptions: 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: •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. •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. 2. However, if no unilateral amendment clause has been laid down, there are still options for the employer. Case law shows that there are strict conditions: •There must be changed circumstances which provide sufficient reason to make a proposal to change the conditions; •The proposal must be reasonable, taking into account all the circumstances of the case. •The employee can reasonably be expected to accept the proposal. Whether the change is reasonable depends on, among other things: • 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. •The nature and significance of the change. For example, changing the function may be considerably more significant than abolishing a bonus. •The employer's interest. Major financial problems may constitute a legitimate interest, but increasing profits may not. •The employee's interest in not changing. In the case of a transfer, for example, a factor may be that the employee cannot travel far due to personal circumstances. • Is a reasonable phasing-out arrangement possible? Also check whether a collective labor agreement applies, or whether a possible works council must be consulted. And is the change collective or individual? I recommend that you contact one of the employment lawyers on this site directly for further advice/assistance, without obligation, e.g. via the 'direct contact' link that you see with this answer after logging in. I'm happy to help you with this.