Sometimes companies can make an intermediate decision between maintaining the pre-existing employment relationship and terminating them. This is known as a substantial modification of the working conditions. This means that the conditions agreed at the time of signing the employment agreement may be modified as long as there are economic, technical, organizational or production causes. This modification of the working conditions will be considered substantial when it affects any of the following matters:

• Working hours
• Distribution of time and work schedule
• Shift work regime
• Remuneration system and salary amount
• System work and performance
• Functions, when they exceed the limits for functional mobility provided in the Workers’ Statute

The way to carry it out can be complex and the decision has to be especially justified to avoid any type of opposition by the employee. In this case, the employees will have three possibilities of reaction:

1. Accept the company’s decision
2. Accept the decision, but choose to terminate the employment agreement, receiving a compensation of 20 days salary per year of service, with a maximum of 9 monthly payments.
3. Challenge the modification considering that the measures taken by the company are not justified.

In the case of wanting to modify or being affected by a substantial modification of the working conditions, we recommend you to contact a labour lawyer from OTIS Advocaten. We can advise you.