Can my employer unilaterally change my working hours?
January 1, 2023 | 40,00 EUR | answered by Simon Büchner
Dear lawyer,
I am reaching out to you because I am currently in an uncertain situation regarding my working hours and I am not sure if my employer has the right to unilaterally change them. My name is Ben Eberstark and I have been working as a project manager in a medium-sized company for three years.
Until now, I had fixed working hours from Monday to Friday from 9 am to 5 pm. However, recently I was informed that due to a restructuring in the company, my working hours should be extended from Monday to Saturday from 8 am to 6 pm. This change was communicated to me without my consent and I feel very affected in my work-life balance.
My concern is that due to these new working hours, I will not have enough time for my family and personal interests. I have tried to discuss this with my employer, but he insists that this change is necessary and that I must comply.
Therefore, I am wondering if my employer has the right to unilaterally change my working hours and if there are any possible legal steps I can take to regain my old working hours. I request your legal assessment and possible solutions in this matter.
Thank you in advance for your help.
Sincerely,
Ben Eberstark
Dear Mr. Eberstark,
Thank you for your inquiry regarding the unilateral change of your working hours by your employer. Indeed, this is an important question in the field of labor law, particularly civil law.
In general, working hours are agreed upon contractually between the employer and the employee. If fixed working hours are specified in the employment contract, the employer cannot unilaterally change them. A change in working hours usually requires the consent of the employee.
In your case, you had fixed working hours from Monday to Friday from 9 am to 5 pm. The unilateral change of your working hours to Monday to Saturday from 8 am to 6 pm without your consent therefore constitutes a breach of contract on the part of your employer. You are not obligated to comply with this change.
It is important that you inform your employer in writing of your rejection of the change and clarify that you will adhere to the agreed upon working hours. If your employer insists on the change, you may consider legal action. Possible measures could include filing a lawsuit to declare the change in working hours invalid or seeking an injunction to temporarily restore the old working hours.
It is advisable that you consult with a specialized labor law attorney in this matter to examine your rights and options more closely and potentially take legal action. An attorney can also assist you in negotiations with your employer and find a solution that is favorable to all parties involved.
I hope this information is helpful to you and wish you success in asserting your rights in this matter.
Sincerely,
Simon Büchner
Attorney at Law specializing in Civil Law
