Employment & Labor Law
Substantial Modification of the Employment Contract
A substantial modification affects an essential element of the contract. Its unfavorable nature and applicable procedure are decisive.
Lexicon
Employment & Labor Law
Amendment to the employment contract
An amendment is a document that modifies or supplements the existing employment contract. It allows identifying the concerned clauses, their new wording, and their effective date. Its title alone does not determine whether the change is favorable, accessory, or substantial.
Before signing, compare the two versions and check the references to the annexes. A sentence indicating that the rest of the contract remains applicable deserves to be read with the old clauses. Keep the signed amendment with the initial contract: these documents together form the contractual file and must be able to be reread chronologically.
A change in remuneration or function requires reading its real effect. When an essential element is modified to the detriment of the employee, the rules of substantial modification must be examined; the simple title "amendment" does not dismiss this question.
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