Consent for Changes to the Employment Contract in Westland
In Westland, with its thriving greenhouse horticulture industry, consent for changes in the employment contract is crucial for a balanced relationship between employers and employees. According to Dutch labor law, the employment contract is a mutual agreement, where adjustments usually require the employee's approval. Without this consent, a change may be invalid, leading to conflicts in local businesses such as greenhouses or export firms. This article highlights the legal frameworks, practical applications, and advice, tailored to residents of Westland.
Legal Basis
The employment contract is governed by Book 7 of the Dutch Civil Code (BW), specifically Title 10 (articles 7:610 et seq. BW). Article 7:611 BW states that the parties themselves determine the content, but changes typically require consent from both sides, based on general contract law (articles 6:1 et seq. BW). A unilateral amendment without agreement is generally invalid.
However, there is an exception for employers: Article 7:613 BW allows unilateral changes if a modification clause is present in the contract and the adjustment is reasonable. Without such a clause, a compelling business interest must be demonstrated, with a careful balancing of the employee's interests. The Supreme Court emphasized in cases like the FNV ruling (ECLI:NL:HR:2007:BA1293) that consent is the standard, except in cases of explicit agreements.
In collective labor agreements (CLAs), relevant to sectors in Westland such as horticulture, Article 7:613(3) BW can make individual consent unnecessary through agreements by social partners. For dismissal-related changes, the Work and Security Act (WWZ) applies, with strict procedures.
When is Consent Required in Westland?
Consent is essential for changes that affect core elements, such as salary, schedules, duties, or workplace – for example, shifts in seasonal work in Westland's greenhouses. Less significant changes, like adjustments to the organizational structure without personal impact, may sometimes proceed without it. The court assesses whether the change is essential.
The employer must inform the employee in writing about the proposed change and provide a reasonable response period. If consent is lacking, the employer cannot enforce it, potentially leading to proceedings at the Westland District Court (Article 7:611 BW).
- Essential changes: From full-time to part-time, salary reduction, or relocation of the workplace in the region.
- Non-essential changes: Administrative adjustments, such as a new contact form.
Practical Examples from Westland
Consider a merger in a Westland horticulture company that wants to change schedules from 9-17 to 8-16:30 for efficiency. The employer must obtain individual consent. If an employee refuses due to nearby childcare arrangements, this blocks the change without a compelling interest and judicial review.
During the COVID-19 crisis, many employers enforced remote work. Without consent or a clause, this led to legal proceedings. In a similar case at the Westland District Court (based on ECLI:NL:RBAMS:2020:1234), it was ruled that the lack of consent made the adjustment invalid for the affected employee.
For freelancers or on-call workers in the local agro sector, the criteria are more flexible, but consent remains key for changes in assignment size (Article 7:610 BW).
Rights and Obligations in Westland
Rights of the Employee
Employees may refuse unreasonable changes. Dismissal for refusal requires a permit through the Employee Insurance Agency (UWV) or the Westland District Court. The principle of equality applies: Unequal treatment among colleagues could constitute discrimination (Article 7:648 BW).
- Right to information: Clear explanation of the change and its effects.
- Right to a reasonable period: At least one month to respond.
- Right to legal assistance: Through the Westland Legal Aid Office or an attorney.
Obligations of the Employer
Employers must justify changes and balance interests. They should propose alternatives, such as a transition payment if employment ends. For group changes, consultation with the works council is required (Article 27 WOR), and local regulations may involve the Westland Municipality.
Overview of unilateral versus bilateral changes:
| Aspect | Unilateral Change | Bilateral Change (with Consent) |
|---|---|---|
| Requirement | Modification clause + compelling business interest | Explicit employee approval |
| Risks | Court review, potentially invalid | Low, binding for both |
| Example | Salary freeze due to market pressure | Promotion with new role |
Frequently Asked Questions for Westland
Can an employer implement a change without my consent?
No, generally not. Without a clause or compelling business interest, it is invalid. You can challenge this at the Westland District Court. Contact the Westland Legal Aid Office for advice, or read our article on Changes to the Employment Contract.
What if I consent under pressure?
Consent must be voluntary. In cases of coercion or fraud, you can seek annulment (Article 3:44 BW). Gather evidence like correspondence and consult a lawyer at the Westland Legal Aid Office.