How to Change a Contract of Employment
Employment contracts allow employees to be aware of their rights and able to protect themselves. Employers, for their part, can use contracts with their employees to enforce their expectations and rules, and to protect themselves in the event of a dispute. If an employee or employer needs to change an employment contract after it has been signed, the following steps should be taken.
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Instructions
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Read the employment contract. Make sure you know what the contract says and what the terms mean. Look for such features as a flexibility clause, which gives the employer the right to change particular conditions from time to time. Remember that this only gives an employer a limited right to change certain conditions, and cannot be used to make unreasonable or overly burdensome changes.
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Get the other party's consent. Any employment contract can be changed if both parties agree to the changes. You cannot make a change without the other party's consent unless the change is covered by a statutory right. Put in writing exactly what you would like changed for the other party to review so that there is no misunderstanding during your discussion. Then, sit down with the other party to discuss the proposed change. In some situations it is more appropriate for a union representative to speak with the employer, or for an attorney to be part of the conversation.
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Negotiate. Proposed changes to an employment contract may not be agreed to by the other party. There may need to be negotiation in order to come to an agreement. If the originally requested change is not acceptable, perhaps an alternative may be agreed upon. An attorney or union representative may again be useful in putting your case forward in a way that will appeal to the other party to the employment contract.
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Speak to an attorney. If the other party to your employment contract does not agree to changes even after a discussion and attempted negotiation, an attorney should be consulted. An attorney may help you find a way to further persuade the other party to change the contract. Or, he could help you make a legal case for why the contract has already been changed by implication (for example, through a change in longstanding custom on the part of the two parties).
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Put changes in writing. If you come to an agreement with the other party to your employment contract, be sure to put the change in writing and have the document signed. You do not need an official legal document, but your written agreement such include a detailed description of the change which refers to the original contract and which is signed and dated by all parties involved.
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