Everything depends on whether the change to the WOP occurs after the employer has observed the notice period of 3 days.
The employer has observed the 3-day notice period before the event
The employee cannot refuse a change to the WOP if that change takes place at least 3 days before the event.
The employer has not observed the 3-day notice period before the event
In such case, if the change to the WOP is made on the initiative of the employer less than 3 days before the event, the employee may ask not to have that change applied to him, provided that his request states compelling and well-founded reasons on which it is based.
The request by the employee may not, however, be made if the employer was obliged to make the change as a result of any of the following cases of force majeure:
- works of cleaning, repair and upkeep necessary to maintain the continuing and proper running of the undertaking, or to works other than those of production, on which the proper resumption of operations on the following day depends;
- works necessary to prevent the deterioration of raw materials or products;
In the event of disagreement manifested by the employer in response to that request by the employee, the committee or the employee concerned may bring the matter before the ITM, which will give a written opinion regarding the cogency and well-foundedness of the reasons relied upon by the employee within 2 weeks following the reference to it.