How should the employer deal with contract changes in the event of illness?

Questioner

I am sick and during this period I indicated that I wanted to reduce the number of contract hours because of the working conditions (especially travel time_ planning was far outside my region every day and travel time could sometimes be up to 6 hours per day). The change came into effect in August 2022 - sick from June 2022. Now I hear that the employer should not have implemented this. Is that correct and where can this be demonstrated?

Lawyer

In Dutch law, the protection of the employee is quite strong under certain circumstances, such as illness. In the event of a change to the employment contract, the employer must adhere to the general legal principle that the consent of both parties is required for a contract change. As an employee, you are in principle not obliged to agree to a change in the employment contract. Not even if the employer has included a so-called 'unilateral change clause' in the contract. Such a clause does not give the employer the freedom to implement changes at his own discretion. For this, there must be weighty business or service interests and, in addition, the employer must demonstrate that he has made a reasonable proposal to the employee for a contract change, taking into account all the circumstances of the case. In the event of illness, the employer must be extra careful. The Gatekeeper Improvement Act and the Medical Examinations Act offer additional protection to the sick employee. Furthermore, during the first two years of illness, the employer may not terminate the employee's contract (ban on termination during illness) except in very exceptional situations. It is therefore not possible for an employer to simply change the employment contract during an employee's illness. It is always advisable to ask for specific advice from a lawyer or attorney when such situations arise, as each situation is unique.