An employer may violate the terms of the contract (in the event of an infringement) if it: your contract may contain “flexibility clauses,” which give your employer the right to change certain conditions, for example. B the type of work or a “mobility clause” to change your workplace. There are a number of ways to reduce your salary, for example: if you continue to work without taking action, it can count as accepting the new terms (even if you haven`t signed anything), so you need to clarify your objections. Your employer owes a tacit contractual obligation to clearly explain the effects of a change, for example. B a change in wages or working time. You may be able to challenge the changes your employer wants to make, even if one or more of these clauses are in your contract. Much will depend on whether the proposed amendments are admissible and reasonable in the text of the treaty. If your employer wants to change your contract, there may be different options available to you. Sometimes it is necessary to change the terms of an employment contract. Find out why your contract could be changed, what your rights are, and how you can avoid or solve problems when implementing these changes. Employers are currently changing their conditions because of the economic impact and the rules in place for public health protection under COVID-19. Employers have had to make changes to adapt, ensure job security at COVID or allow work from home, but they have also chosen to do so as an alternative to redundancy, where the demand for a particular type of work is lower. Many workers who have already been laid off can return to work, but they find that their employer now offers only shorter working hours or lower wages.
If you opt for this route, you must indicate that the offence committed by your employers was so serious that you have no choice, that you can no longer work for your employer and that you have been forced to resign. You should set out the context of what happened and why it was such a fundamental violation for you. To prove constructive dismissal, it is not enough to prove that your employer acted inappropriately. You must show that if you refuse the change and refuse to comply with the new conditions, you will continue to work in accordance with your existing or initial terms of employment. However, you may jeopardize your employment relationship and your employer may initiate disciplinary or dismissal proceedings against you. If you are dismissed, depending on the circumstances and the seriousness of the amendment, you may be entitled to unlawful dismissal, unfair dismissal or even discrimination. You should seek legal advice if you are considering this option and bring an action against your employer.