Court rules employee in second corona case
June 18, 2020
Was early June the first statement in a labor dispute due to corona, there is now a second one: an employer has temporarily obliged all employees to take 20 percent of their time as vacation. Even during the corona crisis, an employer cannot unilaterally change such employment conditions. Curious about what you are entitled to in a similar situation? We explain.
The employer announced to employees at the end of March which corona measures it would take. One of those measures was: 'The basic principle is that staff employees take 1% of their time as vacation in consultation with their supervisor until 2020 June 20.' One of the employees did not agree, so he went to the Subdistrict Court.
The employee's employment contract contains a unilateral amendment clause: the employer may unilaterally adjust employment conditions, but only if he has a serious interest in doing so. The court ruled that the reference to the corona crisis alone is not serious enough. As a result, the unilateral adjustment of the terms of employment is invalid.
What does that mean to you?
De Unie has received signals that more employers took similar measures when the corona crisis broke out. They often gave an argument such as: 'We all have to give up a bit, then we will get through the crisis'. But an employer may never oblige you to surrender or take vacation days. At best he can ask you. Did he force it on you? Feel free to contact our experienced employment lawyers. They are happy to explain what you are entitled to.
Do you have questions about your rights in this corona crisis or would you like to submit your situation to our experts? Do not hesitate to contact us. Even if you are not a member, we are happy to help you! We are available every working day from 8.00 a.m. to 18.00 p.m., via email@example.com and 0345 851 963.