Variation clauses usually only allow for reasonable changes and even if there is an amending clause, if you are not satisfied, you can still « protest » against the change and get legal advice. If you want to continue working, say that you will continue to work in protest until you have reached an agreement with your employer. For more information on constructive termination, visit our website. In most cases, you can only take legal action for constructive dismissal before the Labour Court if you have been employed by your employer for at least 2 years. There is an exception if you have been discriminated against or if your employer proposes to change your contract because you have exercised a legal right. Some employment contracts contain an amending clause that may allow your employer to make changes to your contract. The rights you can claim depend on the change the employer is trying to make and how long you have worked for your employer. You may be able to challenge the changes your employer wants, even if one or more of these clauses are included in your contract. Much will depend on the admissibility and adequacy of the amendments proposed by the text of the Treaty.
If your employer wants to change your contract, you may have different options. An exception to the principle that you must personally agree to any changes to your contract is if a union enters into agreements on behalf of all workers. If your contract states that a particular union can bargain in a workplace on behalf of all workers, you may be bound by an amendment that the union accepts on your behalf. This is also the case if you personally do not agree with the new duration of the contract. You should seek legal advice if this is your situation, as you may have other claims. « As with any workplace litigation, it can be interesting to first discuss the issue with your employer to try to find a solution that works for all parties, » says Rob Whitaker, partner at Tees Law. « It is desirable to maintain your working relationship in the future, and the sooner a solution is found, the better it will be for employers and workers. Sometimes, however, this is not possible and you may need to discuss the situation with an employment law specialist to identify your options and options. « .