Quick Answer: Can Employees Be Dismissed For Refusing To Accept New Terms And Conditions Of Employment?

Can your employer relocate you?

If an employer moves the location of the business, then employees with a “mobility clause” in their contract have to move unless the request is unreasonable.

This clause says that workers have to move within certain limits, and it is a potential breach of contract to refuse..

Can an employer unilaterally change terms of employment?

The trial judge found that an employer is allowed to unilaterally change a fundamental term of an employment contract as long as the employee is given reasonable notice of the change. … The employee may demonstrate that he or she is rejecting the change but continue to work.

Can my employer change my working hours without my agreement?

My employer wants to change my hours, pay or duties. … You can refuse to accept the change, and your employer normally cannot force you to accept the change. The exception to this is when there is a term in the contract (usually called a variation clause) that allows the employer to make changes without your agreement.

What happens if an employee doesn’t sign a contract?

There is no statutory obligation to have the Contract of Employment or the written statement of particulars signed. Once the applicant has accepted the job, there is a legally binding contract of employment between the employer and the applicant. The law does not require witnesses or a signature to make it valid.

Can an employer make you do something not in your job description?

So, the short answer is, yes, your employer may assign you tasks not specifically outlined in your job description. Unless you work under a collective bargaining agreement or contract, your employer can legally change your duties. … During this time, work tasks sometimes are neglected or delegated to others.

What happens if I don’t agree to a pay cut?

“They are not obliged to give their consent, and they could take legal action to prevent such a change.” This means if your employer wants to cut your pay, they have to ask for your permission first. You can refuse a drop in wages, but you would be risking termination of your contract completely.

Can I refuse to change my contract?

Changes to a contract of employment However, neither you or your employer can change your employment contract without each others’ agreement. Changes should normally be made after negotiation and agreement. Changes to employment contracts could be made by: agreement between you and your employer.

Can you be sacked for refusing to sign a new contract?

If your employment contract expressly does not require you to work bank holidays then you cannot be dismissed for refusing the change. However bear in mind that if this is now a legitimate requirement for the role, then by refusing you may force your employer to consider making you redundant.

Can an employee refuse to be transferred?

When a person is an “at will employee” and refuses to transfer, it may result in a termination, unless the employer stated in a written contract that the employee’s position would not require a relocation. The employer will likely characterize it as an at-will quit or job abandonment depending on the circumstances.

Can my employer change my job description without my consent South Africa?

Labour law severely restricts the employer’s right to make such changes without the employees’ consent. … Unfair acts on the part of the employer as regards employee benefits are prohibited. The LRA prohibits the employer from firing employees who refuse to agree to changes in terms and conditions of employment.

Can an employer make you sign a new contract?

Conclusion. In conclusion, your employer is prohibited under law from forcing you to sign a new employment contract. They also cannot use unfair tactics to force you into entering the agreement. Be aware that changes to the fundamental terms of your agreement forms a new contract.

Can an employer force you to change shifts?

Generally, unless an employment contract or a collective bargaining agreement states otherwise, an employer may change an employee’s job duties, schedule or work location without the employee’s consent. … The employee is ordinarily entitled to return to the same shift, or a similar or equivalent work schedule.

Can my employer change my terms and conditions of employment?

An employer can make a change (‘variation’) to an employment contract if: there’s something in the contract that allows the change (usually called a ‘flexibility clause’) the employee agrees to the change. the employee’s representatives agree to the change (for example, a trade union)

Can an employer Add duties without compensation?

Under Federal Law the answer is yes. Unless you have a union or employment contract that spells out your duties, employers may increase and change your workload or duties at will. As long as they pay you for all hours worked it is legal.

Can HR help me transfer?

However, you can contact HR to ask them to consider your request for transfer — Type out your request in a letter using plain language, and with good grammar and punctuation. Take that letter with you in an envelope to a meeting you will request with an HR representative.

How do you politely decline a job transfer?

First and foremost, thank the company for taking interest in you and offering you the opportunity to work for them. Tell the hiring manager that you’re grateful for the time spent working with you during the interview process, but that you’ve chosen to turn down the offer because you’re uncomfortable with relocating.

How much notice must my employer give to change my contract?

four weeksWhere changes are made to your contract, employers must give you written notification of the change within four weeks. An unauthorised, one-sided variation is likely to be a breach of the contract of employment, and the fact that the employer has given you notice of the change will not make it lawful.