Do you often have to perform tasks that are not part of your job role?

Due to staff shortages or high demand, it may happen that the employer expects you to perform tasks other than those agreed upon in the employment contract. If this occurs more frequently and takes on a structural nature, the question arises whether you are still performing your own role. The employer cannot simply change your role. However, you are expected to behave as a good employee and respond positively to a reasonable proposal from the employer for a role change, unless this cannot reasonably be expected of you.

Initially, it is important to check whether the contract includes a clause allowing the employer to unilaterally change the terms of employment. This is also known as a unilateral amendment clause.

If there is a unilateral amendment clause in your contract, the employer must still demonstrate that their interest outweighs yours. This may be the case for the employer's business economic interests. If the employer's interest is found to outweigh yours, you cannot refuse the role change as an employee. Even if there is no unilateral amendment clause in the contract, the employer can change the terms of employment under certain conditions. Changes are only allowed in exceptional circumstances and are determined on a case-by-case basis. In each situation, a balance of interests will be assessed between your interests and those of the employer.

Have you ever experienced this?