Can I change a contract with an employee from full time to part-time? – Contract of Employment
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As an employer, you have probable utilized work contracts to
take care of your personnel. An work agreement or deal defines the
legal rights and obligations of each individual social gathering within just the employment
marriage. This agreement will commonly established out an
employee’s doing the job hrs, responsibilities, and entitlements. Furthermore,
it will classify an worker as total time, component-time or casual. You
may possibly sometimes desire to change your employee’s classification or
other specifics contained inside of their employment arrangement. This
report will talk about how and when you can change an employee’s
contract classification from comprehensive time to section-time.
Why Adjust an Employee’s Agreement
You may possibly want to adjust your employee’s deal for numerous
motives. Most likely there has been a downturn in trade, the purpose
calls for larger flexibility, or the small business is restructuring.
What ever the reason, make guaranteed you know your 
obligations as an employer.
The Typical Rule
Commonly, you simply cannot improve an employee’s contract without
their consent. At the quite the very least, you will have to provide them with prior
discover of the proposed variations. This is specially genuine in circumstances
the place you are making an attempt to transform a basic expression of the
employment deal, this sort of as the employee’s classification from
whole time to element-time.
Changing a Deal With the Employee’s Consent
Modifying a elementary time period of the contract effectively generates
a new contract among you and your worker. Thus, it is up
to them whether they choose to accept the new agreement. If your
worker consents to the change in classification from full time to
element-time, the changeover is very simple.
As pointed out, changing an employee’s classification from full time
to aspect-time is a improve to a elementary term of the
employment agreement. This will consequence in a termination of the outdated
settlement. Then, you and your personnel must enter into a new
agreement.
It is encouraged that all work agreements are designed in
composing and equally parties indication it.
Usually, you will need to have to fork out out your 
employee’s accrued entitlements (these as annual or prolonged
company depart). Having said that, these entitlements may perhaps transfer about to
the new settlement by mutual consent. As a section-time staff
receives the same entitlements as a total-time personnel, your
staff will continue on to accrue their entitlements on a pro-rata
basis.
Modifying a Deal Devoid of the Employee’s Consent
Your employee may not consent to the change. So, unilaterally
altering their agreement might consequence in a breach of the work
deal and depart you open up to an 
unfair dismissal declare.
If you want to unilaterally transform the conditions and disorders of
the work connection, you may will need to be geared up to make
the employee’s latest role redundant. In accomplishing so, you have to have to
make certain that the redundancy is a ‘genuine redundancy’, and
that you comply with the correct course of action. Once more, this is to keep away from
opportunity unfair dismissal statements from the staff.
You can then supply the worker the choice to consider on a new part
in a element-time capability or redeploy them to a distinct role in
the small business. Ought to the employee determine not to settle for this, you
will be required to make a redundancy
payment in addition to paying out the employee’s
entitlements.
Genuine Redundancy
For a redundancy to be genuine, the part will have to no more time need to
be executed. In addition, you need to have adopted any consultation
necessities contained in the employee’s award or business
arrangement prior to effecting the redundancy.
Importantly, a courtroom will not locate a redundancy to have been
legitimate if you could have fairly given your staff yet another
occupation in just the organisation.
When You Simply cannot Adjust an Employee’s Agreement
Underneath the legislation, you are not able to modify an employee’s contract:
- 
- for a discriminatory reason
- simply because the personnel has exercised a place of work appropriate or
- for an additional cause safeguarded by legislation.





Working out a office right contains producing a criticism,
inquiry or taking part in proceedings with a governing body.
Underneath workplace law, these actions are permitted.
Other explanations secured by legislation involve the suitable to be involved
with an industrial association and participate in industrial
action. If you change an employee’s deal for one particular of these
reasons, you may be liable for unfair dismissal or a common
protections assert.
Important Takeaways
Transforming a agreement from entire time to aspect-time usually
final results in a termination of the unique agreement. Subsequent, the
parties enter into a new agreement. As an employer, you can only
change your employee’s contract from total time to component-time,
subject to specified ailments.
If the personnel does not consent to the alter, you cannot
modify the contract. If you want to progress with a unilateral
change to the employee’s agreement, you should be organized to
offer you the worker a redundancy offer. Notably, the redundancy
should be real. If not, you could leave your self open up to a
likely unfair dismissal claim from the employee.
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