If you wish to change an employee`s employment contract, you must obtain their express written consent to the change and, if necessary, enter a consultation phase. It is not always clear whether the flexibility clause of the contract can be approved or not, and therefore, even with a flexibility clause, employers will often try to obtain consent to the change in practice, although this is not necessary strictly speaking, and it is useful to obtain this specific consent. If an employee is not willing to accept the proposed change, you can offer an incentive such as an increase, a one-time bonus or an increase in annual vacation entitlement to reach an agreement. Alternatively, you may need to negotiate by changing your proposal to one that is acceptable to the employee. This ensures that your time is not wasted, not only in unconscious free work, but also in the effort to then try to fight for the money you are betting on. On the other hand, a contract is legally binding and the courts can apply the conditions if they are not respected. An agreement is much less rigid and formal. If there is a dispute between the parties to a contract, either party may bring it before the courts. However, most contracts do not end up in court. In fact, most contracts can be concluded orally, unless there is a definitive reason why the contract must be in writing. A written contract protects everyone involved in the event of a problem.
The problem with verbal chords is that they are difficult to prove. In the event of a dispute, a court should hear evidence and decide which version of the truth to accept.