Employee Wants to Return to Previous Role but Keep Terms
Imagine a production manager who recently received a promotion and an upgrade to their salary conditions, including a company car. Just a month into the new role, they realize management isn't for them and request to return to their previous position as a programmer. However, they have a special request - to keep the salary and benefits they received as a manager. Does this sound familiar?
This situation can place employers in a tricky dilemma. Employee and employer rights clash directly here. What do you do when an employee wants to go back but keep all the perks? Is it possible? How does it impact workplace relations?
What the Law Really Looks At
When an employee is promoted, they also take on new responsibilities and powers. Israeli law considers the role and conditions as a single unit where each component is linked to others. This means that if an employee asks to return to a previous role, they also forfeit the conditions given to them as part of the new role.
Various labor court rulings show that there is no issue of "deterioration of conditions" when the change is initiated by the employee. It is about employment conditions that change according to the role, not about the employee's right to retain these conditions when changing the nature of their work.
To avoid misunderstandings, it's important to understand that the law views conditions and benefits as an integral part of the new role. Transitioning back to a previous role also requires a return to original conditions. This is a principle that both employer and employee must understand and agree on in advance.
When It's Relevant — Checklist
- ✓Has the employee been promoted to a managerial role?
- ✓Were the new conditions provided as a direct result of the promotion?
- ✓Is the employee requesting to return to a previous role on their own initiative?
- ✓Is there an agreement on returning to original conditions?
The Specific Law That Applies
The Basic Employment Law states that any change in employment conditions must be directly related to the role and responsibility placed on the employee. In cases where an employee requests to return to a previous role, the employer may revert the employment conditions to their original state. The law is designed to protect employers from the exploitation of benefits not given in direct correlation to the role.
Questions Everyone Asks — But No One Asks Their Lawyer
Real Situations — Which Side Are You On?
- ✓A programmer who became a project manager and after a month wants to go back – conditions will revert.
- ✓A shift manager at a factory who wants to return to being a worker but keep the salary – not possible.
- ✓A salesperson who received a bonus after promotion and wants to keep it – the bonus depends on the role, will not be retained.
What to Do Right Now
The first step is to review the current employment contract and the conditions of the granted promotion. If you are facing a similar situation, do not sign any changes until you have received appropriate legal advice.
If you choose to ignore the situation and not act, you may lose your legal advantage and expose the company to future claims. Contact us to receive precise and personalized advice for your situation.