Many disputes between employees and employers focus on the modification of certain working conditions. Indeed, this is a key point that can sometimes affect the performance of tasks or the employment contract itself. This is, for example, the case with working hours, a source of protests from employees. What does the law say on this matter? Learn about your rights!
What are the employer’s legal obligations regarding changes to working hours?
In some cases, the employer may decide to modify the working hours, and they have every right to do so. However, to do things properly, they must observe a notice period. Thus, even if the employee does not notify the employer by agreement, the changes take effect after a 7-day period, in accordance with Article 3121-47 of the Labor Code.
That said, certain parameters of modification must nevertheless be considered.
Modification of the employment contract
If the change in hours affects clauses mentioned in the employment contract, it is important to amend the contract. However, it should be emphasized that modifying a contract requires the agreement of both parties. This implies that the employer must first consult the employee before imposing the hours.
On their side, the employee has the right to refuse the modification, although this may lead to the initiation of a dismissal procedure. If conflicts arise at this level, the employee will be required to prove before the court that the changes are necessary for the proper functioning of the company. Otherwise, the dismissal will be considered abusive, allowing the employee to claim damages.
Modification of working conditions
Within the framework of legal and regulatory provisions, the employer can make changes to the employee’s working conditions. Indeed, their managerial authority grants them this possibility, and no opposition from the employee can be accepted. Thus, if the employee refuses the modification of working conditions, this can be seen as insubordination, and therefore a serious fault. The employee will not be entitled to any severance pay.
Under what circumstances can the employer modify the working hours of their employees?
The employer can modify working hours in two types of situations, and this can be done unilaterally:
- No clause in the employment contract specifies the working hours
- The modification of working hours does not disrupt the employee’s daily organization. This is, for example, the case with simple changes in execution modalities.
Thus, according to the law, the modification of working conditions is simple when:
- Hours are redistributed in a completely new way during the day,
- The employee works on a Saturday morning and can take another morning off during the week,
- The change affects the employee’s lunch hours.
In all cases, as we have already mentioned, the modification of hours must be justified by the company’s interest. Indeed, both the employee and the employer are bound by an obligation of loyalty.
Likewise, the changes must not infringe upon the employee’s rights.
How must the employer inform employees of a change to their working hours?
When the employer plans to change the working hours of their employees, they are required to communicate about their project. Thus, they must inform the employees by means of a registered letter, requiring acknowledgment of receipt. During this first step, the employer must also mention that the employee has one month to express their opinion: approval or refusal.
Furthermore, apart from this initial step, the employer must also respect a notice period. As its name suggests, this is a period used to notify the employee of upcoming changes. Such a period can be the subject of a company agreement and lasts at least 3 working days.
Otherwise, if there is no conventional provision at this level, the notice period extends over a minimum of 7 working days.
What recourse do employees have in case of unilateral modification of their working hours by the employer?
If the schedule change is solely based on organizational and work time distribution issues, it is considered a simple modification of the employee’s working conditions. In this sense, the decision is unilateral and does not require the employee’s approval. Similarly, the employee cannot oppose the change, under the risk of committing a serious fault.
As you understand, as long as the employer complies with the legal or conventional provisions relating to working time, employees will have no recourse.
Thus, the employer’s decision is unilateral and irrevocable if:
- The new distribution of hours respects the working time and the remuneration does not change
- The change concerns the removal of the lunch break and this break time is not included in the clauses of the employment contract
- The modification concerns the start or end time of work.
On the other hand, you may refuse imposed changes if:
- The working hours are clearly defined in the employment contract, which thus requires a substantial modification of the contract.
- The employee is forced to modify or even disrupt their daily organization
- The employee is a part-time worker
How can the employer ensure that the modification of working hours is implemented fairly for all affected employees?
Clearly, the choice of working hours belongs to the employer, as the head of the company. However, the employer’s choice must comply with the legislative or agreed provisions. In this sense, they must take into account the maximum working time limits so as not to violate the law. Finally, the choice of hours must respect daily and weekly breaks, in accordance with articles L3121-18 to L3121-26 of the Labor Code.
Moreover, the employer must ensure equitable working time for all employees affected by the schedule changes. To do this, they must ensure that the changes do not affect each employee’s personal or family life. The same applies to employees’ right to rest.
