What are my rights in case of a termination notice due to changes in employment conditions?
July 7, 2022 | 35,00 EUR | answered by Sofia Vöss
Dear lawyer,
I am contacting you with a question regarding labor law. My name is Eiko Lange and I have been working as a project manager in a medium-sized company for five years. Recently, my employer issued me a change notice due to changes in working conditions in my department. I am concerned about my professional future and wondering what rights I have in this situation.
Currently, I am in an indefinite employment relationship with a notice period of three months. The change notice involves adjustments to my responsibilities, working hours, and salary. I am unsure whether I have to accept these changes or if I can challenge them.
My concerns mainly revolve around how the proposed changes could affect my career development and whether I might have to accept disadvantages in terms of my salary and working conditions. I would like to know what options I have to resist the change notice and if I might be entitled to severance pay or other financial support.
Could you please explain to me what rights I have in case of a change notice and how I should proceed to protect my interests? I thank you in advance for your help and advice.
Sincerely,
Eiko Lange
Dear Mr. Lange,
Thank you for your inquiry regarding the topic of change termination in labor law. It is understandable that you are concerned about your professional future and wondering what rights you have in this situation. I am happy to explain the legal framework and your options for defending yourself against the change termination.
A change termination occurs when the employer terminates the employment relationship and simultaneously offers a new contract with modified working conditions. In your case, the change termination involves an adjustment of your responsibilities, working hours, and salary. In general, such a change termination is only valid if it is socially justified. This means that the employer must have a legitimate interest in the change and the change must be reasonable for you.
If you do not wish to accept the change termination, you generally have two options: you can object to the change termination and at the same time file a protection against dismissal claim with the labor court. Or you can accept the contract offer with reservations and implement the changes under protest, to possibly later assert claims for damages. In both cases, it is advisable to seek advice from a specialized labor law attorney to effectively enforce your rights.
In the case of an invalid change termination, you are entitled to continue employment under the previous conditions. If termination of the employment relationship is unavoidable, you may be entitled to severance pay. The amount of severance pay depends on your salary, length of service, and the likelihood of success in a protection against dismissal claim.
Overall, it is important that you act quickly and seek legal advice in a timely manner to protect your interests. I recommend scheduling a consultation with an experienced labor law attorney to discuss your individual situation and develop the best strategies for your case.
I hope that this information has been helpful to you and I am available to answer any further questions you may have. I wish you success in asserting your rights and securing your professional future.
Sincerely,
Sofia Vöss
Labor Law Attorney
