Table of Contents
- Intro
- Amendment imposed or agreed upon
- Reduction of working hours: by law or agreement
- Who can sign on behalf of the company
- The risk of an agreement by email
- How to correctly formalize the agreement
- Real case
- Summary: valid agreement against risky agreement
- Frequently asked questions
- Conclusion
1. Introduction
Ask for a shorter time or a change of time and receive a «Yes.» by email may seem enough. But if that mail is not sent by someone with the capacity to force the company, the worker may, months later, find that the company denies having authorized anything and opens a disciplinary procedure for working less hours. Therefore, any agreement that substantially changes your working conditions must be written and signed by both parties.
2. Amendment imposed or agreed upon
One substantial change in working conditions can be reached by two very different ways:
- Tax by the company: the company decides the change and communicates it to the worker, with justified cause and notice, in accordance with article 41 of the Workers' Statute. If you want to know how to react in that case, see our article on the change of time imposed by the company.
- Agreement between company and workerIt is the worker who requests it and the company who accepts it. There is not a unilateral decision here, but an agreement that changes the contract, and like any agreement, its validity depends on who signs it and how it is documented.
This article focuses on the second case: the agreement between employer and worker.
3. Reduction of working hours: by law or agreement
Not all time reductions work the same. The law recognizes certain cases in which the reduction is a worker's right, such as the reduction by legal care or care of family members of the Article 37.6 of the Staff Regulationsthat the company cannot deny if the requirements are met. In such cases, if you also seek to reorganize your schedule, you are interested in knowing the right to day adjustment by conciliation.
Apart from these assumptions, the reduction of working hours depends on the will of both parties. To spend full-time part-time, for example, is always voluntary for the worker according to the Article 12.4.e) of the Statuteand the part-time contract must be formalized in writing. When the reduction comes from a pact, the key is that the pact is indisputable.
4. Who can sign on behalf of the company
A company is only bound by those who have the power to represent it: its administrator or a member with sufficient powers to change the working conditions of the staff. A head of department, a manager or a human resources partner without these powers can process the application, but does not necessarily have the capacity to link the company.
It is therefore appropriate to check that the firm's signature is the duly empowered legal representative.
5. The risk of an agreement by email
The risk scenario is common: the worker requests a reduction in the day by mail, receives an affirmative response from another employee and starts working less hours. The company then claims that it never authorized this change, because the person who responded had no management power, and considers that the worker is failing to do so.
From there, the company can initiate disciplinary proceedings, impose sanctions or even raise a disciplinary dismissal for non-compliance. Although the worker can defend himself on the grounds that he acted in good faith, the discussion is already open and the burden of demonstrating the agreement lies on him. If you receive a writing of this kind, our article about the statement of objections in labour matters.
6. How to correctly formalize the agreement
In order for the pact to be fully valid and leave no room for interpretation, the document should bring together at least these elements:
- To be found in writing, in a specific document and not only in an exchange of posts.
- Signature of both parties: the worker and the legal representative of the company, identified with his or her office.
- Specific content: new day, time, date of effect, resulting salary and, where appropriate, duration of change.
- Copy for the workerwhich must be kept by your contract and your payroll.
This approach is linked to the policy trend towards working conditions are in writing in a clear and predictable manner.
7. Real case
The video explains the case of a client who is on medical leave and wants to reduce her working day, for which she must ask her company. The warning is clear: it is not enough to send a mail asking for change and to receive an affirmative response. The agreement must be signed by both parties and, by the company, by its duly empowered legal representative. Otherwise, the company could argue that the person who accepted the reduction was an employee with no management power, that he never authorized the change and that, therefore, the worker is in breach of his day, opening a disciplinary procedure.
8. Summary: valid agreement against risky agreement
| Status | Risk to the worker | Testimonial |
|---|---|---|
| Mail acceptance of an unqualified employee | High: the company can deny the agreement | Do not start applying the change yet |
| Oral agreement | Very high: hard to prove | Request written documentation |
| Document signed only by the worker | High: the company's consent is lacking | Request the signature of the legal representative |
| Document signed by both parties with an authorized representative | Minimal | Keep copy by contract |
| Amendment imposed by the company | Depends on compliance with Article 41 ET | Review cause, notification and notice |
9. Frequently asked questions
Is a time reduction agreement by email valid?
It can serve as an indication, but it does not guarantee anything if the responder does not have the power to represent the company. The safe is a document signed by both sides.
Who should sign the agreement by the company?
Its legal representative, that is, the administrator or a deputy with sufficient powers to change working conditions.
Can you punish me if I work less hours for an unsigned agreement?
The company could try to claim that it never authorized the change. It is therefore appropriate not to apply the new day until the agreement is signed.
Can the company reduce my day without my consent?
Part-time full-time conversion is voluntary for the worker and cannot be imposed unilaterally. Other changes in working hours or hours may be imposed by way of Article 41 ET, provided that the company meets its requirements.
10. Conclusion
A agreed reduction of working time is good news for the worker, but only if it is well documented. An email from a partner or an intermediate command does not replace an agreement signed by the legal representative of the company, and the difference may be that which separates a peaceful change from a disciplinary procedure.
In the area of Labour law from Leynver Abogados we review and draft such agreements so that any changes to your conditions are fully valid and do not leave you exposed to the company.
