Having a policy is the key to showing employees that flexible work is an option, says Hattingh. “It is also essential to ensure the flexibility of work,” she adds. “If leaders use the advantage of flexible work, you allow a lot of people to take advantage, if they may not feel they can.” For example, in his schedule, a leader could be transparent, whether he leaves work prematurely or works from home to participate in his child`s sporting event. Jewell says that all requests for flexible work should be submitted in writing – even if they start with a verbal interview – to avoid potentially serious consequences. For example, a new manager could not be clear about an oral agreement that has been reached before, which could create tensions and differences of opinion. “This can lead to a charge of discrimination against the employee,” says Jewell. “If the agreement is detailed in writing, there is little room for disagreements and therefore less room for disputes.” In order to properly process a flexible work requirement, you must respond in writing within 21 days. Some employers make the mistake of accepting agreements orally. Once a flexible work application has been agreed, it constitutes a permanent modification of the worker`s contract, unless otherwise agreed, and cannot be amended without further agreement between the employer and the worker. Employers and workers may agree that the agreements are temporary or subject to a trial period. In some cases, for example.B. when a worker is dealing with an incurable disease, the worker may wish to have only a temporary flexible working time that the employer may eventually accept. It is important to note that anyone can demand flexible work organization if they have worked for an employer for more than 12 months.
These include permanent and long-term casual workers. Legally, they have the right to require flexibility if they meet one of the following criteria: as employers, it is important to know also your legal obligations regarding flexible work. If your employer wants to give you less favourable terms because of your new work rules, you may be able to assert a right to an employment tribunal. This could include a right to discrimination. The same is true when you have moved from full-time to part-time work, which gives you less favourable conditions. If there are significant differences between what you offer in the employment contract and what was initially agreed orally, you must provide sufficient modifications or reflection to get the agreement of the staff. It should not be a formal document, but may be some kind of e-mail that provides a set of data that has been agreed on working time. If there is a subsequent dispute over the flexibility of work, she says that all written evidence can be useful. It is also troubling that you have been “chosen” to move departments without discussion around them. Is this the same kind of work you have to go to? If it is very different, it could be a redundant situation anyway.
You could ask not to be postponed and to stay part-time with your current manager, as the agreement seemed to work. I think you have a case that your employer tried to change your employment contract without your consent, but because you are not following the legal process (i.e. in writing) with respect to the flexible work requirement, your case is not as watertight as it could be. If your employer requires you to make the changes, you will need to seek additional support, perhaps from CASA. To have the legal right to require flexible working rules, you must be an employee. You must also have worked for your employer 26 weeks in a row, on the date you apply. Perhaps the surprising conclusion and the good news for all those working in such an informal agreement is that these “unofficial” work models can indeed succeed the original employment contract, although they were never written.