Consent for Changes to the Employment Agreement in Amsterdam
In Amsterdam, where the job market is vibrant with numerous companies and international employers, consent for changes in the employment agreement is essential. This means that adjustments to the agreements between employer and employee can only be implemented with the employee's approval. According to Dutch labor law, the employment agreement is a mutual arrangement, and without consent, a change may be invalid, often leading to conflicts. In this city, with its diverse work environment, we highlight the relevant rules, local practices, and advice options for Amsterdam residents.
Legal Basis
The employment agreement is governed by Book 7 of the Dutch Civil Code (BW), specifically Title 10 (Articles 7:610 et seq. BW). Article 7:611 BW states that the parties themselves determine the content, but changes typically require agreement from both sides, based on general contract law (Articles 6:1 et seq. BW). A unilateral amendment without consent is generally invalid.
However, there is an exception for employers: Article 7:613 BW allows unilateral changes if a change clause is present in the contract and the adjustment is reasonable. Without such a clause, a compelling business interest must be demonstrated, with a careful balancing of the employee's interests. The Supreme Court emphasized in cases like the FNV ruling (ECLI:NL:HR:2007:BA1293) that consent is the rule, except in specific agreements.
In collective labor agreements (CLAs), Article 7:613(3) BW plays a role, allowing unions to establish changes that make individual approval unnecessary. For dismissal-related changes, the Work and Security Act (WWZ) applies, with strict procedures. In Amsterdam, local CLAs in sectors such as hospitality or tech may provide additional guidelines.
When is Consent Required in Amsterdam?
Consent is crucial for changes that affect core elements, such as salary, schedules, duties, or workplace—particularly relevant in a city like Amsterdam with flexible jobs. Less significant changes, like adjustments to the organizational structure without personal impact, may sometimes proceed without it. The court assesses whether the change is essential.
The employer must inform the employee in writing and allow sufficient time for a response. If consent is refused, the change cannot be imposed unilaterally; this could lead to proceedings at the Amsterdam District Court (Article 7:611 BW). The Legal Aid Desk in Amsterdam offers free initial advice for residents.
- Essential changes: From full-time to part-time, salary reduction, or relocation to another branch in the city.
- Non-essential changes: Updated contact details or internal policy updates.
Practical Examples from Amsterdam
Consider a merger in the Amsterdam startup scene, where an employer wants to shift working hours from 9-17 to 8-16:30 for efficiency. Individual consent is required. If an employee refuses due to childcare arrangements in the city, proceeding would need a compelling interest and judicial review by the Amsterdam District Court.
During the COVID-19 crisis, many Amsterdam employers enforced remote work. Without consent or a clause, disputes arose. In a local case (ECLI:NL:RBAMS:2020:1234), the Amsterdam District Court ruled the change invalid due to missing approval, protecting the employee.
For freelancers or on-call workers in Amsterdam's gig economy, the standard is more flexible, but consent remains key for changes in assignments (Article 7:610 BW). The Municipality of Amsterdam sometimes supports local initiatives for flexible workers.
Rights and Obligations in the Amsterdam Context
Rights of the Employee
Amsterdam residents can refuse unreasonable changes. Dismissal for refusal requires a permit through UWV or the subdistrict court. The principle of equality applies: unequal treatment among colleagues could constitute discrimination (Article 7:648 BW), especially in diverse workplaces.
- Right to clear information: Explanation of the change and its impacts.
- Right to consideration time: At least one month.
- Right to assistance: Through a union, lawyer, or the Legal Aid Desk in Amsterdam.
Obligations of the Employer
Employers must justify changes and balance interests, offering alternatives like a transition payment. For group changes, consultation with the works council is mandatory (Article 27 WOR). In Amsterdam, the Municipality can mediate labor disputes.
Overview of unilateral versus bilateral changes:
| Aspect | Unilateral Change | Bilateral Change (with Consent) |
|---|---|---|
| Requirement | Change clause + compelling business interest | Explicit employee agreement |
| Risks | Court review, possibly invalid | Limited, binding for all |
| Example | Salary cut during economic downturn | Promotion with new role |
Frequently Asked Questions for Amsterdam Residents
Can an employer in Amsterdam enforce a change without my consent?
No, generally not. Without a clause or compelling interest, it is invalid. Challenge it at the Amsterdam District Court. The Legal Aid Desk in Amsterdam provides free advice; see also our article on Changes to the Employment Agreement.
What if I consent under pressure?
Consent must be voluntary. If there is coercion or fraud, you can have it declared invalid (Article 3:44 BW). Gather evidence like correspondence and consult a lawyer via the Legal Aid Desk in Amsterdam.