Consent for Changes to the Employment Contract in Delft
In Delft, just like elsewhere in the Netherlands, an employee's consent is essential for modifications to the employment contract. This agreement between employer and employee forms the foundation of labor law and requires mutual agreement for any changes. Without consent, a modification may be invalid, potentially leading to disputes. In this region, with its many knowledge workers at TU Delft and local companies, this topic is particularly relevant. This article highlights the rules, local practices, and advice for residents of Delft.
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 change without agreement is generally invalid.
However, there is an exception: Article 7:613 BW allows unilateral changes if the contract includes a change clause and the adjustment is reasonable. Without such a clause, the employer must demonstrate a compelling business interest, with a careful balancing of the employee's interests. The Supreme Court confirmed in cases like the FNV ruling (ECLI:NL:HR:2007:BA1293) that consent is the standard, except in cases of specific agreements.
In collective labor agreements, Article 7:613(3) BW plays a role, allowing unions to agree on changes without individual consent. For dismissal-related adjustments, the rules of the Work and Security Act (WWZ) apply, with strict procedures. In Delft, residents can seek free advice from the Legal Aid Desk Delft regarding these laws.
When is Consent Required?
Consent is mandatory for changes that affect core elements, such as salary, schedules, duties, or workplace. Less significant changes, like adjustments to the organizational structure without direct impact, may sometimes proceed without it. The court, in this case the District Court of The Hague, determines whether the change is essential.
The employer must inform the employee in writing about the proposed change and provide sufficient time to respond. If consent is lacking, the employer cannot proceed; this could result in proceedings before the subdistrict court (Article 7:611 BW). For residents of Delft, it's wise to contact the Legal Aid Desk Delft early for support.
- Essential changes: From full-time to part-time, salary reduction, relocating the workplace outside Delft.
- Non-essential changes: Administrative updates, such as changes to contact information.
Practical Examples
Suppose a tech company in Delft, such as one on the TU Delft campus, undergoes a merger and wants to shift working hours from 9-17 to 8-16:30 for efficiency. The employer must obtain individual consent. If an employee refuses due to conflicts with local school schedules in Delft, the change cannot proceed unilaterally without a compelling interest and court approval.
During the COVID-19 crisis, many employers enforced remote work. Without consent or a clause, this led to legal proceedings. In a ruling by the District Court of The Hague (ECLI:NL:RBDHA:2020:5678), it was decided that without consent, the adjustment was invalid for the employee involved, serving as a lesson for local employers in Delft.
For freelancers or on-call workers in the region, the assessment is more flexible, but consent remains key for changes to the assignment (Article 7:610 BW). The Municipality of Delft provides information on local labor market initiatives via its website.
Rights and Obligations
Rights of the Employee
Employees have the right to refuse unreasonable changes. Dismissal for refusal requires a permit through the Employee Insurance Agency (UWV) or the subdistrict court. The principle of equality applies: unequal treatment among colleagues could constitute discrimination (Article 7:648 BW). In Delft, you can get help from the Legal Aid Desk Delft to exercise these rights.
- Right to clear information: Explanation of the change and its impacts.
- Right to consideration time: At least one month.
- Right to assistance: Through a union, lawyer, or the Legal Aid Desk Delft.
Obligations of the Employer
Employers must justify changes and balance interests. They should offer alternatives, such as a transition payment if the contract ends. For group changes, consultation with the Works Council is required (Article 27 WOR). Local companies in Delft can benefit from regional networks for mediation.
Overview of unilateral vs. bilateral changes:
| Aspect | Unilateral Change | Bilateral Change (with Consent) |
|---|---|---|
| Requirement | Change clause + compelling business interest | Explicit agreement from the employee |
| Risks | Possible invalidity after court review | Minimal, binding for both parties |
| Example | Salary freeze during an economic downturn | Job upgrade with more responsibilities |
Frequently Asked Questions
Can an employer in Delft enforce a change without my consent?
No, generally not. Without a clause or compelling interest, it is invalid. Challenge it at the subdistrict court of the District Court of The Hague. The Legal Aid Desk Delft offers free advice; see also our article on Changes to the Employment Contract in Delft.
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, such as emails, and contact a lawyer through the Legal Aid Desk Delft.