Jason S
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You can let the employee know that signing the amended contract is a requirement of continued employment, however, you had better make sure that the way you change the contract is in line with all of the other employees in the business or else you have no leg to stand on should the employee sue you.
Good luck to you!
It seems we were all answering this question based on the thought that you were already in this situation. However, generally speaking you can not materially change a contract without consent of both parties. You should make sure to have stipulations in your contract regarding what can and can't be changed in the contract at any given time. This will need to be both specific and have a time element or have certain events trigger changes in the contract. I would strongly recommend an attorney look at your contract wording to make sure there is no verbiage that may get you in trouble down the road.
Again, good luck to you! |
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george_graham_crayford
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you cant change contracts willy nilly, thats why you have contracts |
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Pleasant Peter Perkins
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Changing a contract of employment is a legal matter and there are various ways in which it can be achieved, though if you wish to avoid a legal challenge, you will need to find a lawful means of changing the contract.
If the matter does not go to the heart of the contract, then it can be changed by 'variation'. This will require notice and agreement for it to be automatically lawful. A unilateral variation of contract is almost always unlawful.
The other method for significant alterations is to dismiss one contract and immediately issue a new one. this requires full consultation and notice and agreement.
The physical act of signing a contract had no legal meaning or significance. If an individual works according to the terms of the contract and accepts payment for that work, then the contract shall exist and have legal meaning whether it is signed or not.
I regret to say that almost all the previous answers were entirely misleading and false. It is true to say that an employer in English law does retain control of contract...but they must still observe legal requirements in changing it. |
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kwflamingo
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It depends on the original contract and the amendment you wwant them to sign. If the amendment changes the original agreement that is detrimental to the employee, he may not have to sign it. Negotiation is the key. |
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LeeC
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Depends if your talking UK or USA contracts. Generally as a rule of thumb, if you amend a contract you cant drop the pay, if the job is significantly the same as the job befofe the contract amendment as you are significantly changing the terms and conditions of employment. it is okay to put the pay up but not put it down for same hours, same days of work, what you effecitvely would be doing is offering the person another job and if they dont want that they could sue you for constructive dismissal or wrongful dissmisal. you need to get legal advice should the need arise to sign a new contract or offer a new contract to an employee. |
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snorkelface1
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Employment laws are different in every state and country. See an attorney before doing anything that the employee can sue you for. If you are wrong, the employee can sue you for a lot more than an attorney will cost to give you advise. |
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SELB
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Look at the book 'The Penguin Guide to Employment Rights'. Written by Hina Belitx and Dominic Crossley-Holland. The preface is by Cheri Booth.
The answers are in there. |
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Feeling Mutual
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Honor the original contract. |
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nashville
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You are as bound to the original hiring agreement as he is, if you both signed the original contract,and then you terminate him for not agreeing to stipulations you decided on after the fact, most states will allow him to file suit for wrongful termination. That is why it so important to be sure of the contract prior to signing on the dotted line. |
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nAiRb
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You can fire that person. if he disagrees with the contract, then he disagrees with management. This cannont be tolerated. |
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Waino
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no..yes..yes |
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I'm with Stupid.
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I would suspend them until they sign the contract. A an employee, you are to follow the rules of the company in order to work there. |
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Ash
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Depends on which country and state you live in sometimes.
In general though you can always stipulate in the new contract (and the old) that signing the contract is mandatory for employment with the firm.
i.e. No sign ... no job.
You should always keep all versions of all contracts for an appropriate time. A clause in the contract making signature of the contract mandatory for employment is recommended. |
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Tim
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Employment contracts are pretty much worthless. |
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Amby
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Fraud |
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