legal.sciences@uos.edu.iq 07816013511
Login Register العربية
University Logo
Ministry of Higher Education and Scientific Research

College of Law, Sumer University

كلية القانون جامعة سومر

P-ISSN: 3081-1082
Researchers in the field of law

The employer's authority to modify work and its impact on the rights granted to the worker: A comparative analytical study

مهند الموسوي

Abstract

The extent of an employer's authority to unilaterally modify work arrangements, and its impact on employee rights, is a key issue. This concerns the legitimacy of unilateral modifications without employee consent, particularly substantial modifications affecting fundamental contractual elements such as wages or the nature of the work. Furthermore, the adequacy of current legislation to keep pace with modern developments is a significant concern, as is the role of the judiciary in overseeing this authority and preventing its abuse. While some believe that the employer's authority to amend the employment contract is a necessity imposed by the nature of economic activity, its exercise must remain restricted by legal controls aimed at protecting the worker and ensuring that his rights are not harmed, while differentiating between a substantial and a non-substantive amendment as a basis for determining the extent of the amendment's legitimacy. A substantial amendment requires the worker's consent, while the employer may make the amendment within the limits of his regulatory authority, provided that there is a real and serious justification, and that it serves the interests of the business, and that the principle of good faith is observed, and that the principle of proportionality between the reason for the amendment and its effects is adhered to. The employer may also amend the employment contract in exceptional cases that permit temporary amendment due to necessity or force majeure. Here, the role of the judiciary emerges as a fundamental guarantee for achieving balance between the two parties by interpreting the contract and what the parties agreed upon and addressing any abuse of power.

الكلمات المفتاحية: Employer authority - Unilateral decision - Employment contract - Amendment to employment contract - Employee protection

اقرأ البحث

تحميل سلطة صاحب العمل في تعديل العمل وأثره على الحقوق الممنوحة للعامل دراسة تحليلية مقارنة (Arabic)

معلومات النشر

كيفية الاقتباس

مهند الموسوي. "The employer's authority to modify work and its impact on the rights granted to the worker: A comparative analytical study ". College of Law, Sumer University, %2026.