Glancing back throughout history, one might undeniably debate over the issue that an employer attains the right to change job roles without an individual’s consent. The argument that an employer can change someone’s job role is a compelling one and need to be answered appropriately and clearly. Let us read to find out “Can An Employer Change Job Role Without Consent?”
Can An Employer Change Job Role Without Consent?
Yes, An Employer Change Job Role Without Consent only if it has been stated clearly in the offer letter received by a person before starting the job. However, if anything regarding changing roles is not mentioned, one cannot do so on their own. And if they are found doing so, they might get charged with a penalty for the illegal. An employer can alter specific things (duties and responsibilities) of an employee which will be elucidated below.
These certain things can include the following:
- Number of hours
- Modifying job content and certain duties
The employer can change the above-mentioned for a myriad of reasons, for instance, they might find better opportunities for the company to grow someplace else. These changes might modify and lure success and significant growth rates.
If an institute or organization has to relocate due to any persuasive reason, the employer holds the right to change your employment location in that case. In other cases, take, for instance, an organization that has more human resource needs at their different branch, in that case, they might ask you to reallocate as you might be more beneficent to their different branch. However, if no such thing was mentioned in the contract of agreement (an agreement between employee and employer), then, one can’t force your transportation.
An employer may modify or create some changes in your payment (salary) amount depending on your performance if the right to change was discussed before the job in the offer letter or any official agreement letter. An employer, in most cases, needs to converse with the job holder before insulating significant increases or decreases in the amount of their salary. There has to be a collective agreement or negotiation between both parties i.e. the job holder and the employer.
Increasing or Decreasing the Number of Hours:
An employer may want to impose changes in the number of hours for various reasons: they may find it favorable for the growth and improvement of the industry as a whole, or they may want you to dedicate more or fewer hours depending on the burdensome of work, they might be doing so to violate employee’s right and many more.
If it’s a contractual job or if one has already signed some sort of agreement regarding the alteration in the number of hours, then an employer attains all the rights to do so. And if not, you can choose to deny their imposition about changes in work hours.
Modifying Job Content and Certain Duties:
If the reasons for imposing minor changes or even some huge changes are legal and authentic, one can make significant changes in the description or even the type of job (for example, contractual, hybrid, remote, or on-site).
There are a myriad of duties that can be alternatively assigned if in case you fail to meet the goals/duties that were assigned prior or if there’s a need in the company. Usually, the offer letter enumerates the responsibilities of a job that are concomitant with the given job. And if in case, the letter specified the case, then one has to follow the norm.
As per the needs, the organization or your employer may change the schedule of your job as long as it is suitable for both, them and you. However, you can politely demand against or reject their proposal to schedule your job with an apposite answer. You can also demand a reason for introducing rescheduling and it’s completely up and you if you want to follow them or politely reject their suggestion. In addition, the employer should talk and consult with the staff elucidating why and how the changes are being made.
What Does An Employer Need To Change Your Job Role and Responsibilities?
- Employer approval
- Written agreement
- Collective negotiation/agreement
- A legal contract signed by employees
- By coming to a mutual agreement point
What Can An Employee Do When They Feel Pressured to Change Their Role?
- Think wisely and pragmatically. If the given change seems appropriate and suitable to your needs, there’s no harm in grabbing the opportunity gracefully.
- Politely refuse by providing them with a valid and compelling response/reason.
- You can offer them alternative solutions to the given arisen problem.
- Elucidate your point to the employer.
- If they seem too forceful, you can always tell them it doesn’t fall under the contract of agreement.
Can an Employer Add Duties Without Compensation?
An employer may assign you more duties and responsibilities because of several reasons. They may either count you as reliable and capable of turning in the tasks punctually. However, not getting paid for the additional amount of work entitled to you, is solely the employer’s choice if the extra duties are not that significant. But one can always ask for compensation if it’s a breach of contract between the job entitled and the employer.
Also, for example, if the additional work assigned to you means working for longer hours, an individual, in such case, can demand compensation if the job type is the payment per hour.
Do You Need a New Contract If The Job Title Changes?
Yes, in most cases, an individual is required to have a new contract signed if the job title has changed. The change needs to be documented and for such reason, you require a new contract that states the reason for the change in an employee’s role. Also, the document is required to enlist new duties and services that one will be providing under the new job title. It has to be recorded in writing.
Can Your Employer Force You To Take a Different Job?
No, your employer cannot force you to take a different job. They can ask or offer you a different position within the company or somewhere else and it’s solely up to you to accept or reject the offer. Sometimes people do accept such roles because it seems reasonable and uplifting to them. If you don’t want to apt a different job role, you can deny it as your employer doesn’t hold the right to force a different role on you.
Now that you have learnt Can An Employer Change Job Role Without Consent? An employer cannot breach the contract of agreement between the employee and employer. However, if certain rights aren’t mentioned or specified in an individual’s contract, they need not accept imposition like the change of location, pay schedule, working hours, flexible shifts, and many more made by the employer without consent. However, everything has to be legally conducted and presented in writing.
Frequently asked questions:
- Can my employer make overtime mandatory?
Answer: Without the employer’s consent, no, they cannot as it falls under federal law. The company or organization has a policy that states the same. They need the employees’ approval if they want the employer to work extra hours than usual.
- Are employees required by law to have a meal or break period?
Answer: it depends. Different countries have different laws, take, for instance, the USA, federal law there does not allow lunch or coffee breaks while federal laws in India state elsewise. In India, after a minimum of five hours, any employee can take a break of 25-30 minutes.