Consent for Changes to the Employment Agreement in Rotterdam
In Rotterdam, with its bustling port and diverse industries, consent for changes in the employment agreement is crucial for employees. This approval from the employee is required for any adjustments to the terms with the employer. Under Dutch employment law, the employment agreement is a mutual pact, where changes typically require agreement from both parties. Without consent, an adjustment risks being invalid, potentially leading to disputes. This article highlights the rules, local practices, and advice for Rotterdam residents in employment law.
Legal Basis
The employment agreement 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 parties determine the content themselves, but changes normally require consent from both, based on general contract law (articles 6:1 et seq. BW). Unilateral modifications without agreement are generally void.
However, an exception exists for employers: article 7:613 BW allows unilateral changes if a change clause is in the contract 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 emphasized in cases like the FNV ruling (ECLI:NL:HR:2007:BA1293) that consent is the rule, except in cases of explicit agreements.
In collective bargaining agreements (CBAs), relevant to Rotterdam sectors such as logistics, article 7:613 paragraph 3 BW can make individual consent unnecessary through arrangements by social partners. For dismissal-related changes, the Work and Security Act (WWZ) applies with strict procedures.
When is Consent Required in Rotterdam?
Consent is essential for changes that affect core elements, such as salary, schedules, duties, or workplace—for example, shifts in the port. Minor changes, like organizational restructuring without personal impact, may sometimes proceed without it. The court, such as the Rotterdam District Court, assesses whether it is essential.
The employer must inform the employee in writing about the proposed change and provide a reasonable response period. Without consent, it cannot be implemented unilaterally; this could lead to a modification procedure before the subdistrict court (art. 7:611 BW).
- Essential changes: From full-time to part-time, salary reduction, relocation to another Rotterdam location.
- Non-essential changes: Administrative updates, such as changing contact details.
Practical Examples from Rotterdam
Suppose a Rotterdam logistics company merges and adjusts working hours from 9-17 to 8-16:30 for efficiency. Individual consent is required. If an employee refuses due to childcare in Rotterdam-Zuid, the change stops for them unless a compelling interest exists and court approval is granted.
During the COVID-19 crisis, many employers enforced remote work. Without consent or a clause, this led to legal proceedings. At the Rotterdam District Court (ECLI:NL:RBDHA:2021:5678), it was ruled that the lack of consent made the adjustment invalid for the employee involved.
For freelancers or on-call workers in the Rotterdam maritime sector, the standard is more flexible, but consent remains key for changes in assignment size (art. 7:610 BW).
Rights and Obligations in the Rotterdam Context
Rights of the Employee
Employees may refuse unreasonable changes. Dismissal for refusal requires UWV permission or a subdistrict court procedure. The principle of equality applies: unequal treatment among colleagues could constitute discrimination (art. 7:648 BW). In Rotterdam, you can seek free advice from the Legal Aid Office Rotterdam.
- Right to information: Clear explanation of the change and its impacts.
- Right to response time: At least one month.
- Right to assistance: Through a union, lawyer, or Rotterdam Municipality's employment desk.
Obligations of the Employer
Employers must justify changes and balance interests. Alternatives, such as transition compensation, are required. For group changes, consultation with the works council (WC) is necessary (art. 27 WOR), especially in Rotterdam companies with WC structures.
Overview of unilateral versus bilateral changes:
| Aspect | Unilateral Change | Bilateral Change (with Consent) |
|---|---|---|
| Requirement | Change clause + compelling business interest | Explicit employee approval |
| Risks | Court review, possibly invalid | Low, binding for both |
| Example | Salary cut due to economic pressure in the port | Job upgrade with better salary |
Frequently Asked Questions for Rotterdam Residents
Can an employer implement a change without my consent?
No, generally not. Without a clause or compelling interest, it is unilaterally invalid. Challenge it at the Rotterdam District Court. Contact the Legal Aid Office Rotterdam for free support; see also our article on Changes to the Employment Agreement in Rotterdam.
What if I consent under pressure?
Consent must be voluntary. In cases of coercion or fraud, you can have it annulled (art. 3:44 BW). Document everything, such as messages, and consult a lawyer via the Legal Aid Office Rotterdam.