Variation Clause Employment Contract Example: What Every Employee Needs to Know
When you start a new job, you may be presented with an employment contract to sign. Among the clauses you will find in the contract is the variation clause, which gives your employer the right to make changes to the terms and conditions of your employment.
As an employee, it`s important to understand the impact of a variation clause in your contract. In this article, we’ll take a closer look at this clause and give you an example of how it works.
What is a variation clause?
A variation clause is a contractual provision that allows an employer to change the terms and conditions of an employee’s contract without the employee’s consent. The clause gives the employer flexibility to respond to changing business needs, and it’s common in many employment contracts.
However, it`s important to note that the employer must use their discretion reasonably when exercising this clause. This means that any changes that they implement must be fair, reasonable and not discriminatory.
Example of a variation clause:
“Variation of Terms and Conditions
The Company reserves the right to vary your duties, responsibilities, hours of work, the place of work, and any other terms and conditions of your employment, provided that such variations are reasonable in all the circumstances. Any such variation will be notified to you in writing as soon as practicable.”
What does this mean for the employee?
As an employee, it`s important to understand the implications of a variation clause in your employment contract. Here are some key things to keep in mind:
1. Your employer can make changes to your contract without your consent.
2. Your employer must only use this clause for reasonable business needs.
3. Changes made by your employer must not be discriminatory.
4. Any changes made by your employer must be communicated to you in writing.
5. You may have the right to refuse to accept certain changes to your contract, although this will depend on the terms of your contract and your specific situation.
What should you do if you have concerns about a variation clause?
If you have concerns about a variation clause in your employment contract, you should seek legal advice. An experienced employment lawyer can help you understand your rights and advise you on the best course of action. In some cases, it may be possible to negotiate changes to the clause with your employer, or to challenge any changes that are made to your contract.
Conclusion
A variation clause is a common provision in employment contracts, but it`s important to understand the implications of the clause for employees. If you have concerns about a variation clause in your contract, seek legal advice to ensure that you protect your rights and interests. Remember that your employer must use this clause reasonably and fairly, and any changes made must not be discriminatory.