The employer is the one who most of the time proposes the modification of the contract through internal transfers, reduction of salary, and change of working conditions. If the worker accepts the proposal of change proposed by the employer, then there is a consensual variation and the parties can continue their working relationship under the new terms. However, the proposal of the employer can be refused by the employee especially in a case where there is no such provision in the contract of employment.
If the modification is substantial, the worker has the right to refuse it and this action shall not amount to breach of contract. As a result, any consequent dismissal of the employee shall amount to unfair or wrongful dismissal and the employee will be entitled to the payment of damages by the employer.