Under what circumstances might my employer assign me new job duties?
Got a fresh assignment on your plate? Bosses have the power to delegate tasks to their workers, but there's a line they shouldn't cross. So how do you know when it's time to put your foot down before a dodgy duty becomes the norm?
When you ink that employment agreement, you typically know what duties come with the job. Minor adjustments usually don't cause too many problems during your career. But what happens if your boss suddenly hands you a new task that seems like it's been pulled straight out of left field?
"Inside the contract, the employer has what's known as a directive or management power," explains Alexander Bredereck, a labor law specialist. This means they can assign tasks within the parameters set by the contract.
When the boss asks for more
While many contracts allow employers to assign additional tasks, it's important to remember that this power isn't unlimited, says Bredereck.
For instance, a baker shouldn't suddenly be asked to moonlight as a night watchman - the boss can't hand out tasks that are completely outside the original job description. But there's some wriggle room. Take, for example, a labor lawyer who's been specializing in employment law. If the boss pressure-cooks them into taking on tenancy law cases, that's within the realms of possibility.
Of course, every situation is different. Bredereck recommends tackling a new task tentatively and consulting a lawyer in the process. This can help clarify whether the new assignment is legal or not.
When the contract needs to be adjusted
If the new task isn't covered in the contract, the boss's only option is to issue what's known as a change of contract. According to Bredereck, this is a bureaucratic beast. Employees can, however, file a protective objection against being let go.
An interesting point to note: if employees perform a new task without complaint for an extended period, this could be interpreted as a change to the contract. The new task could then become a permanent part of the job in the future. So, if you're not happy with a new assignment, act fast and seek legal advice.
Despite the contract allowing additional tasks, it's crucial to recognize that an employer's power isn't unbounded. For example, a chef should not be expected to manage the restaurant's finances, as this task falls outside their original job description.
If the new task isn't outlined in the contract, the employer might need to issue a change of contract. However, employees can object to being let go due to this change, offering them a negotiating advantage.
