Question:
I have been working in a private company for two years as a manager. Currently, the employer is asking me to amend the employment contract, and according to the new contract, my position will be reduced to an employee, and the salary will also be reduced by half.
I refused to sign the new contract and my employer asked me to stop working. What is the appropriate procedure to take against the employer, and am I obligated according to the new law to amend the employment contract? Please advise.
Answer:
I would advise the following.
According to Article 65 of the Labour Law no. 33 of 2021, the employer or worker may not misapply the provisions of the Labour Law, its Implementing Regulation and the resolutions issued for the implementation of its provisions and they may not commit an action that would limit the freedom of others, the freedom of other workers or employers to achieve any interest or viewpoint adopted which contradicts freedom of work.
Moreover, Article 14 prohibited the employer from using any means that would oblige or force the worker, threaten him with any penalty to work for it, or compel him to undertake work or provide a service against his will.
Based on this, the employer doesn’t have the right to oblige you to amend the employment contract neither regarding the position nor the salary unless you approved the amendment by signing the new contract. But on the contrary, he has the right to terminate the employment relationship and you also have the same right.
The procedure to be taken against the employer is to file a suitcase against him in the labor office which will try to settle the matter amicably.
In case the matter was not settled between you and the employer, then it will be transferred to the court which shall decide about your end of service dues as per your requests taking into consideration that the court in this regard will not oblige the employer to return you to your job.
