NON-SUBSTANTIAL MODIFICATIONS OF THE CONTRACT OF EMPLOYMENT

For such modification to be operative, the contract of employment has to make provision for certain minor changes. They generally fall within the managerial prerogatives accruing to the employer by reason of the existence of the subordination relation. Such modification do not result in any change of functions, working conditions or salary decrease. A worker refusing such modification can be held in breach of his contract.

Akin to the minor changes are those which though substantial fall within the often express terms of the parties’ agreement. This usually arises with regard to geographical transfers where the contract provides expressly or impliedly for the transfer. Refusal to go on a transfer in the interest of the company will amount to a breach of contract.

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