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An amending notice

It is a unilateral act of the employer. On its basis, the conditions of work and pay are changed after the end of the notice period. In practice, it is typically applied if there is a change in the terms and conditions of employment to the detriment of the employee.

The provisions on definitive termination notice apply to the amending notice, respectively.

This means that such a notice:

  • should be served by the employer in writing,
  • should state the reason for the notice,
  • should observe notice periods and dates,
  • should contain a letter of rights and dates regarding appeal to the labour court,
  • involves the employer’s obligation to comply with the provision on protection against dismissal.

The amending notice should also include:

  • the proposed new employment conditions; and
  • a letter stating that the employee may, before the expiry of the half notice period, submit a statement of refusal to accept the proposed terms and conditions.

 

If the employee refuses to accept the proposed conditions of work and pay, the contract of employment is terminated at the end of the notice period. This means that if the employee has not accepted the new proposed conditions, the amending notice is converted into termination notice ending the employment relationship (definitively) at the end of the notice period.

If the employee fails to submit a statement that they refuse to accept the proposed conditions before the lapse of a half of the notice period, they are deemed to have consented to those conditions. The employee may also agree to the new conditions during that time. In both cases, the conditions of work and pay will be amended after the end of the notice period.

In certain circumstances, the employer may instruct the employee to carry out other work without their consent. This is acceptable under the following conditions:

  • the existence of justified needs of the employer,
  • entrustment of work of other type than that specified in the contract of employment for a period of time not exceeding 3 months per calendar year,
  • this does not result in a reduction in the employee’s remuneration,
  • if it corresponds to the employee’s qualifications. 

Translated with the support of the European Labour Authority

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