Full-time employee
Failinhttps://itm.public.lu/fr/g agreement between the parties, a change in an employee’s weekly working hours is regarded as a substantial change detrimental to the employee.
If the employee does not agree, the employer must observe the procedure laid down by law for a change to an essential element of an employment contract detrimental to the employee.
Thus, the employer must give notice of the change to the employee
- either by registered letter;
- or by personal delivery to the employee of two copies of the letter for signature to acknowledge receipt.
Beforehand, in companies with at least 150 employees or in companies in which that is the rule, the employer must invite the employee to a pre-dismissal interview.
The change may be made after a specified period, which depends on the seniority in the service of the employee and corresponds to the notice period to be observed in the event of dismissal (change with notice when the change is justified by grounds other than serious misconduct on the part of the employee) or with immediate effect (in the event of serious misconduct by the employee justifying the change).
In the event of a change with notice, it is incumbent upon the employee to ask to be given the reasons for the change being sought within a period of one month following receipt of the letter announcing the change to his working conditions. Following the request, the employer is required to respond within one month.
In the case of a change to working conditions with immediate effect, that letter must set out directly the serious reason or reasons which prompted the employer to make such a change.
Any change made in disregard of the formalities and time limits laid down by law is regarded as void.
On the other hand, if an employer fails to give the employee the reasons for the change, the change is regarded not as void but as unfair and gives rise to the payment of damages. The same applies if the reasons underlying the change are not well founded.
Consequences in the event of rejection by the employee of the substantial change
Where the employee rejects the substantial change of his employment contract made in compliance with the procedure, he must bear the consequences and leave his post before the entry into force of the changes.
In such case, the termination of the employment contract triggered by the employee’s refusal to accept the change notified to him constitutes a dismissal against which legal proceedings may be brought for unfair termination of the employment contract.
The employee may then bring legal proceedings to have the dismissal (= the change) declared to be unfair and claim redress.
Refusal by a full-time employee to work part time does not constitute either a serious reason or a legitimate reason for dismissal.
Part-time employee
A change to the weekly working hours is possible only with the express consent of the employee.
If the employee does not consent, no change to the weekly working hours is possible, even under the procedure for a substantial change.
Refusal by a part-time employee to work full time does not constitute either a serious reason or a legitimate reason for dismissal.