As in the case of all contracts, the parties to an employment contract may decide by mutual agreement to alter the content of the employment contract (for example, working time, work schedule, etc).
By virtue of the principle of autonomy of the will of the parties, they may any time by mutual agreement reverse their earlier voluntary agreement.
Provided that provisions of public policy are observed, amendments to the original agreement may be made during the performance of the contract, and this shall apply even to the detriment of the employee as soon as they are accepted by the latter (cf. Faq D1d6 and Faq D17b27)
In any such case, an amendment to the employment contract by mutual agreement must be recorded:
- in writing;
- in duplicate; and
- no later than on the effective date of the changes.
The employer must provide the employee with the relevant amending document:
- as a hard copy or,
- in electronic format, provided that:
- the employee has access thereto,
- it may be saved and printed,
- and that the employer retains proof of its transmission or receipt.