Salary reduction?

Questioner

Due to a change in function, I have now suddenly started earning less. My salary was frozen because my salary was too high for the new function. Now, a year after the freeze, my salary has suddenly been reduced. Can my employer reduce my salary without my approval?

Lawyer

Unilaterally reducing an employee's salary is generally not permitted. When entering into an employment contract, agreements are made about various employment conditions. An employer may not simply decide that an employee will only receive half of his salary from a certain point in time, for example. There is, however, an exception to this rule. According to article 7:613 BW, an employer can use a written clause in the employment contract that gives him the authority to change the employment conditions. In other words, if it is recorded in writing that the employer may change the employment conditions, then the employer may unilaterally change these conditions. Unilaterally changing employment conditions is only possible if there is a justified 'important interest'. According to the law, this interest must be so important that it justifies the damage to the employee's interest by the intended change on the basis of reasonableness and fairness. Please feel free to contact me without obligation to discuss your case further. You can reach me at: info@dutchlawadvice.com