An employer cannot unilaterally modify the amount, or structure of an employee’s remuneration without their consent, even if the change is favourable to the employee. For example, an employer cannot argue that an employee never contested this measure during the three-year contractual relationship, nor that it was more financially favourable due to the way it was calculated to allege that the change can be imposed.
In this case, the employer altered the basis of reference used to determine the sales margin. This addition impacted the variable remuneration dependent on this margin and constituted a modification of the employment contract, for which the employee’s consent was required.
