Employee Wants to Switch to Part-Time — What to Do?
An employee working full-time has announced that from next month, they want to switch to part-time. As an employer, this doesn't suit you, and you're wondering if this is considered termination or resignation on their part. This situation can put you at legal risk if you don't know how to act. The agreement between you specifies a certain role and scope of work, and the employee has no right to change it unilaterally.
What the Law Says About Changing Work Scope
When an employee requests to change their work scope, the law does not allow them to do so unilaterally. Work conditions are determined by the employment contract, and a change in work scope requires mutual agreement. If the employee insists on a change that the employer does not accept, it is considered resignation, not termination. Courts examine the intentions of the parties and the circumstances under which the notice of change in work scope was given. It is important to understand that if the employee is unwilling to continue working under the agreed conditions, they are effectively resigning. The law obliges the employer to clarify to the employee the consequences of such a unilateral change, including financial consequences and social rights.
When is it Relevant — Checklist
- ✓Has the employee notified in writing of their desire to change the work scope?
- ✓Is there a written employment contract that defines the work scope?
- ✓Is the employee willing to continue working under current conditions until a solution is found?
- ✓Was advance notice given by the employee of their desire to change?
The Specific Law That Applies
The law requires the employee to give advance notice of their desire to change the work scope, just as is required upon termination or resignation. If the employee does not comply, they may lose entitlements. As employers, you must clarify to employees the consequences of unilateral changes in work scope, and consult a lawyer if it might lead to a dispute.
Questions Everyone Asks — But No One Asks the Lawyer
Real Situations — Which Side Are You On?
- A manager in a tech company wants to switch to part-time to care for children. Is this resignation? Yes.
- An employee in a retail store asks to change the work scope due to studies. Is this resignation? Yes, if it doesn’t suit the employer.
- A teacher asks to change working hours without changing salary. Is this resignation? Depends on employer agreement.
What to Do Right Now
Check your employment contract and ensure it includes clear definitions of work scope and conditions. If you are faced with a request to change work scope, seek professional legal advice to avoid disputes and financial losses.