What is Resignation by Change?
A resignation by change is a resignation of the existing employment combined with an offer of a new employment agreement.
Resignation by change is used when there is a need to change the employment agreement which exceeds what the employer can do in terms of his managing rights. Seen from the employee’s side it can often be difficult to know when the changes made by the employer is within what he can do in terms of his managing rights, or if the changes exceed what he is allowed to impose.
Managing Rights
In general the employer can impose relatively wide changes in terms of his managing rights. He can however not impose changes including significant changes in the employment agreement. Whether there are significant changes must rely on a specific consideration of both the employment and the employment contract. Generally clear demotions, decrease in the payment, and loss of responsibility will constitute a significant change which requires a resignation by change.
You Can Claim a Resignation by Change
As an employee you can claim a resignation by change if you are of the opinion that the employer makes significant changes to your employment. The risk of doing this is that the changes can be within the employer’s managing rights. If you refuse to adjust to the changes which the employer is allowed to impose on you, this can have disciplinary reactions. If the changes however require a resignation by change, this can only be done if the general requirements for a resignation are satisfied. This includes that the resignation must be made on reasonable terms either in the employee’s or the business’ conditions. Further the formal requirements to a resignation must be complied to for a resignation by change to be valid.
Contact a Barrister
If you are of the opinion that the employer has made changes in your employment agreement which are of a character which requires resignation by change, you should contact a barrister. The barrister will assist you in considering whether the changes are within or outside the managing rights. The barrister will also assist you in negotiations or a potential case against the employer. Our barristers have excessive experience within employment law.
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Related case:
Resignation in the probation period – is it legal? (Norwegian)
Formal requirements to resignation (Norwegian)