An employee’s job classification is defined when their employment contract is signed. However, this classification may evolve, as the employer offers the employee new responsibilities through a promotion. Before accepting such a change, it is important to consider the advantages and consequences of the promotion being offered.
What is a promotion?
A promotion corresponds to career progress within the company. It involves a modification of the employee’s initial classification to a higher classification within the job framework.
A promotion usually entails a change in actual work duties, new responsibilities, and an increase in pay. It generally occurs after the employee has spent a certain amount of time within the company or depending on the results they have achieved.
Must a promotion necessarily be accepted?
A promotion constitutes a modification of the employment contract since it affects essential elements of that contract. As such, it requires the signing of an addendum and must be accepted by the employee, it cannot therefore be imposed. The employer must allow the employee sufficient time to reflect before making a decision.
This requirement serves as protection for the employee. Indeed, while a promotion is often advantageous, it may sometimes be used by the employer to sideline an employee, for example, by assigning them to a role that does not match their skills, thereby creating grounds for dismissal based on professional incompetence.
In such cases, the employee is entitled to refuse the promotion without having to justify their decision, and the employer cannot reproach them for this or dismiss them on that basis alone.
It is therefore essential, when offered a promotion, to take the time to reflect on the proposed duties, their compatibility with one’s skills and professional ambitions, the career prospects linked to the role, and the impact on working conditions. Once the addendum is signed, it will bind both the employee and the employer.
What conditions must be met?
A promotion must result from an explicit decision by the employer and therefore cannot, in principle, be tacit.
However, certain collective agreements provide for “automatic” promotion to the next grade if the employee has been assigned to a higher-level role for a certain period of time, unless appointment to that role requires a specific qualification, such as passing a competitive exam.
What is a probationary period?
The employer may introduce a probationary period in order to assess the employee’s performance in the new role. If the probationary period is successful, the employee will retain their new responsibilities and will be offered the signing of an addendum to their employment contract.
Conversely, if the employer considers that the employee does not possess the necessary skills for the role, they must then reassign them to their former position under the terms of the original contract.
However, case law requires that the employer obtain the employee’s express consent to introduce such a probationary period.
If this consent has not been given, reassignment to the former position may allow the employee to consider the contract as breached by the employer, with the result that the employer may be required to pay compensation, as in the case of unfair dismissal. In such a situation, it is advisable to consult a lawyer before initiating proceedings to obtain compensation.
Are you looking for a new job or further your education? Discover all our job offers and numerous training opportunities in Luxembourg on Moovijob.com!
This article is a collaboration with Lega Life.
