Published by Tawajud Lwenduru.
The Law allows the Employer to make changes in the employment contract entered with the Employee, subject to the condition that the Employer must first consult with the affected Employee on such changes.
This legal position is provided under The Employment and Labour Relations Act, [CAP 366 R.E. 2019], provides for this and insists specifically provides that the employer shall, in consultation with the employee, revise the written particulars to reflect the change and notify the employee of the change in writing in any matters specified below
(a) name, age, permanent address, and sex of the employee;
(b) place of recruitment;
(c) job description;
(d) date of commencement;
(e) form and duration of the contract;
(f) place of work;
(g) hours of work;
(h) remuneration, the method of its calculation, and details of any benefits or payments in kind.”
Wherefore, changes can be made but the procedures imposed are to be adhered to before making any changes to the employment contract. An Employer must make consultation with the Employee on the changes and make them aware of the implications of such changes.
However as per the discussion above, several steps have to be taken and adhered to. The steps are as follows;
I. Notification to employees in writing
The notice is to be given to the Employee addressing the changes of the employment contract within reasonable time.
This entails having a discussion with the Employees concerning the changes to be made and the alterations together with the aim of the changes and implications and the effects of these changes when made so as to remove any sort of confusion that may arise.
III. Signing of an addendum to the employment agreement
This aims to create a binding nature of the new changes and avoid further disputes in case of any misunderstanding during implementation of the changes. This may be done by adding an addendum to the employment contract stipulating the new changes.
If the above procedures are not adhered, it may lead to legal disputes with dire consequences.