Can my employer change my job description without my consent South Africa?

Labour law severely restricts the employer’s right to make such changes without the employees’ consent. Specifically, under the Labour Relations Act (LRA): The LRA prohibits the employer from firing employees who refuse to agree to changes in terms and conditions of employment.

What is a job description agreement?

Employee contracts contain details such as hours of work, rate of pay, employee responsibilities, etc. In the event of a dispute or disagreement over the terms of employment, both parties can refer to the contract.

What happens when you change your employment contract?

Typical changes to an employee’s contract terms include things like: job description and duties – which might come as a result of a promotion (or a demotion) changing the employee’s work location or working hours

Can a employer change the job description of an employee?

Employees are protected from changes in their job description that can be construed as retaliation by an employer in response to a worker exercising an employment right. For example, a whistleblower may have recourse if their job was changed after reporting a legal violation by their employer. 4

When to notify an employee of a change in terms?

If a change relates to anything that must legally be in the employee’s written terms (‘written statement of employment particulars’), the employer must notify the employee of the change in writing within a month of the change taking effect. For example, the employer should do this if the change relates to:

Can a union contract change your job description?

An important exception covers employees who are governed by an employment contract or a collective bargaining agreement that stipulates a specific set of work roles or conditions. Many union contracts state very explicitly what duties are associated with various positions.

Can a company change the job description of an employee?

Generally speaking, an employer can change a job description whenever it is convenient to the company. In some situations, a change of job description requires negotiation with the employees or with a union. Job descriptions and the employees who fulfill them are protected when a formal employment contract has been established.

When do you need a letter confirming changes to an employment contract?

What’s a letter confirming changes to an employment contract and when do you need it? ideally, you’ve met with the employee in advance to discuss this intended change with them, so that you can ensure they fully understand what is proposed and are willing to agree to it.