An important exception applies to workers subject to an employment contract or collective agreement that defines a number of roles or working conditions. Beyond these legal considerations, best practices in human resource management suggest that employers should obtain workers` agreement before making major changes to work roles and that they reissue job descriptions to clarify the new role. An employment contract is a legal agreement between employers and workers. It contains “explicit” or “implicit” terms that cannot be legally amended or amended between you without further consent. If there is a recognized union, this agreement should be negotiated through collective bargaining. Some contracts contain a written clause that appears to allow the employer to make unilateral changes (i.e. without your consent). For example, there could be some kind of “change in these contractual terms to reflect the changing needs of the business.” Some organizations develop job descriptions based on a list of qualities and skills that have been critical to the success of service providers of excellence in this role over time. As work roles evolve with organizational requirements and staff competencies, job descriptions should be regularly updated to reflect these changes. Formal job descriptions are often used as a basis for performance evaluation, as managers assess whether employees have met or exceeded expectations in their role. What an employer cannot do is unreasonable. In the example above, the employer cannot simply decide that the secretary is good in numbers and leads her to the accountant`s margin without her consent, as this role sees a complete change in her duties. If this is the company`s wish, a consultation/restructuring process must be initiated.
During your career in a company, you will find that your work and responsibilities change over time. But can your employer change your job description without consulting you beforehand? Amendment clauses may be included in the contract, which allow the employer to amend a particular clause or condition of the contract without the employee`s consent. The clause gives the contractual right to make “reasonable” changes to the terms of employment without the worker`s explicit consent. These include minor or administrative matters that do not fundamentally change the conditions of employment of the worker. This clause does not give the employer broad powers to make substantial changes to the contract and would be interpreted restrictively by the courts. There are certain clauses that, if contained in the contract, would allow the employer to make changes to the contract without the employee`s consent. These clauses are “titles for which the worker is employed or a brief description of the work for which he or she is employed” (s. 10 f) Employment Rights Act 1996). After taking some time to edit the change, make a list of questions.
What do you need clarity on? How are the results of your old job description treated? Make sure you understand the expectations and results of the new role.