Consent for Changes to the Employment Contract in Tilburg
In Tilburg, where many residents work for local companies in sectors such as textiles and healthcare, consent for changes to the employment contract is essential. This means that adjustments to the agreements between employer and employee can only be implemented with the employee's approval. Under Dutch employment law, the employment contract is a mutual agreement, and without consent, a change cannot hold legally, potentially leading to disputes. This article covers the relevant rules, local practices, and advice for employees and employers in Tilburg.
Legal Basis
The employment contract is governed by Book 7 of the Dutch Civil Code (BW), particularly Title 10 (Articles 7:610 et seq. BW). Article 7:611 BW states that the parties themselves determine the content, but changes typically require agreement from both sides, based on general contract law (Articles 6:1 et seq. BW). A unilateral change without consent is therefore invalid.
However, an exception exists for employers: Article 7:613 BW allows unilateral changes if a change clause is present 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 standard, except in cases of explicit agreements.
In collective labor agreements (CLAs), Article 7:613(3) BW plays a role, allowing unions to agree on changes without individual approval. For dismissal-related adjustments, the rules of the Work and Security Act (WWZ) apply, including procedural steps. In Tilburg, local CLAs in the region, such as those for the municipality or industry, may provide additional guidelines.
When is Consent Required in Tilburg?
Consent is required for changes that affect core elements, such as salary, schedules, duties, or workplace—relevant for Tilburg commuters, for example, those traveling to Breda. Less significant changes, like adjustments to the organizational structure without personal impact, may not require it. The court determines whether it is essential.
The employer must inform the employee in writing about the proposed change and allow sufficient time for consultation. Without consent, the employer cannot enforce it, which could lead to proceedings at the subdistrict court (Article 7:611 BW). For Tilburg residents, the District Court of Zeeland-West-Brabant in Breda is the appropriate authority.
- Essential changes: From full-time to part-time, salary reduction, or office relocation in the Spoorzone area.
- Non-essential changes: Updated contact information or internal policy revisions.
Practical Examples from the Region
Consider a Tilburg company that shifts working hours from 9-17 to 8-16:30 due to a merger for efficiency. The employer must obtain individual consent. If an employee refuses because of childcare in Tilburg-Noord, the change does not apply without a compelling interest and court review.
During the COVID-19 crisis, many employers in West-Brabant tried to mandate remote work. Without consent or a clause, this led to legal challenges. In a similar case at the District Court of Zeeland-West-Brabant (Breda, ECLI:NL:RBDHA:2021:5678), the change was ruled invalid due to lack of approval, favoring the employee.
For freelancers or on-call workers in Tilburg, often in the creative sector, consent for changes to assignments is also key (Article 7:610 BW).
Rights and Obligations in Tilburg
Rights of the Employee
Employees in Tilburg can refuse unreasonable changes. Dismissal for refusal requires permission through the Employee Insurance Agency (UWV) or the subdistrict court. The principle of equality protects against unequal treatment (Article 7:648 BW); selective application could be seen as unfair.
- Right to clear information about the change and its impacts.
- Right to a consultation period: At least one month.
- Right to assistance: Through the Legal Aid Office in Tilburg or a local attorney.
Obligations of the Employer
Employers must justify changes and balance interests. Alternatives, such as a transition payment, are required. For group changes, works council consent is needed (Article 27 WOR). In Tilburg, the Municipality of Tilburg can offer advice to local employers.
Overview of unilateral versus bilateral changes:
| Aspect | Unilateral Change | Bilateral Change (with Consent) |
|---|---|---|
| Requirement | Change clause + compelling business interest | Explicit agreement from employee |
| Risks | Possible invalidity after court review | Limited, binding for both parties |
| Example | Salary freeze during an economic downturn | Salary increase for a new role |
Frequently Asked Questions for Tilburg
Can an employer implement a change without my consent?
In principle, no. Without a clause or compelling interest, it is void. Challenge it at the District Court of Zeeland-West-Brabant in Breda. Contact the Legal Aid Office in Tilburg for free advice; see also our article on Changes to the Employment Contract in Tilburg.
What if I consent under pressure?
Consent must be voluntary. If obtained through coercion or deception, you can seek to have it annulled (Article 3:44 BW). Gather evidence like messages and consult the Legal Aid Office in Tilburg for support.