D5a7 - Is an employer entitled to unilaterally change the allocation of weekly working hours as determined in the employment contract?

Full-time employee

The employer may change the allocation of weekly working hours as laid down in the employment contract if the possibility of such a change is provided for in the employment contract.

In the absence of such a flexibility clause, the employer must obtain the consent of the employee, or else must, where appropriate, observe the procedure laid down by law for a change to an essential element of the employment contract detrimental to the employee, where the envisaged change is substantial.

Part-time employee

A change to the allocation of weekly working hours across the days of the week is not possible unless the employee expressly agrees.

If the employee does not agree, no change to the allocation of the weekly working hours over the days of the week is possible.