Sample amendment to change an employee’s qualification

1. Preamble

This endorsement model is designed to provide a legal framework for a change in an employee’s professional qualification, in compliance with the laws applicable in Quebec, in particular the Act respecting labour standards (RLRQ, c. N-1.1). It is intended for both employers and employees wishing to formalize a change in job title, level of responsibility or main duties.

An amendment to an employment contract is a written document signed by both parties that modifies certain clauses of a contract already in force. It avoids any ambiguity as to the nature of the employee’s new position, and protects both employer and employee in the event of a dispute.

Identification of the parties

BETWEEN :

[Name of Employer], a legal person incorporated under the laws of Quebec, having its head office at [full address], represented for the purposes hereof by [name and position of authorized representative], hereinafter referred to as “the Employer”.

AND :

[Name of employee], domiciled at [full address], hired by the Employer since [date of hiring], under an employment contract dated [date of initial contract], hereinafter referred to as “the Employee”.

The parties hereby agree to amend the initial provisions of the employment contract relating to the Employee’s qualifications, in accordance with the provisions of Article 2091 of the Civil Code of Québec and best practices in labour law.

This amendment will take effect as of [effective date].

2. Purpose of the amendment

Modification of professional qualification

The main purpose of this amendment is to formalize a change in the employee’s professional qualification, i.e. in the official designation of his or her position, hierarchical level or nature of duties. This change may arise for a number of legitimate reasons, such as changing business needs, promotion, internal reorganization or team restructuring.

By virtue of this endorsement, the parties acknowledge that the employee’s professional qualification is modified as follows:

Previous qualification: [previous job title] New qualification: [new job title
New qualification: [new job title]
Effective date : [effective date of the new qualification]

The employee undertakes to assume all the duties and responsibilities associated with his or her new job title, as described in the job description appended to this agreement, or in accordance with the directives communicated by the Employer in compliance with applicable laws.

Consequences on working conditions

This change in qualification may have an impact on the employee’s remuneration, working hours, responsibilities or status within the company. In the event that the new qualification is accompanied by a change in salary, the following elements must be specified in this addendum:

New remuneration: [gross annual or hourly amount, frequency of payments]
Method of payment: [cheque, direct deposit, etc.]
Any benefits linked to the new qualification: [company car, bonuses, teleworking, etc.]

If there is no change in salary or benefits, the amendment must expressly state that the change in qualification has no impact on remuneration or other contractual conditions.

Free and informed consent of the employee

The employee declares that he/she has been informed in a clear, transparent and complete manner of the legal and professional consequences of this change in qualification. He acknowledges having accepted this change without constraint and with full knowledge of the facts.

In accordance with Quebec jurisprudence on employment law, any substantial modification to the employment contract, including a change of qualification, must be expressly accepted by the employee in order to be valid. The Employer undertakes to respect the principles of good faith, transparency and fairness in implementing this change.

The signature of the present amendment constitutes formal consent to the new provisions agreed between the parties.

3. Final provisions

Signature and retention of the rider

Two original copies of the present amendment have been made, one of which is given to each party. Each copy has the same legal value. The signature of both parties attests to their full and complete acceptance of the new terms and conditions agreed, particularly with regard to the employee’s professional qualifications.

The employer is advised to keep this rider in the employee’s HR file, along with all contractual documents concerning the employee. In the event of a dispute or administrative audit, this will demonstrate that the change in qualification has been accepted and legally regulated.

Retention of other clauses in the initial contract

All other clauses of the initial employment contract not modified by this amendment remain fully applicable. This applies in particular to :

• Confidentiality and non-competition clauses.
• Weekly working hours (unless otherwise specified).
• Leave, benefits and group insurance conditions.

For example, if an employee has been covered by a group insurance plan since he was hired, this benefit will continue to apply despite the change in qualification, unless a specific clause states otherwise.

Practical advice for employers

• Have the amendment signed before the change takes effect. This will provide legal certainty for the process and avoid any subsequent disputes by the employee.
• Use clear, unambiguous language. Give preference to precise wording on job titles, responsibilities and any impact on remuneration.
• Attach an up-to-date job description describing the new functions, to reinforce transparency.

Tip: If in doubt about the legal scope of a clause or the wording of an endorsement, it is always advisable to consult a lawyer specializing in employment law. This will ensure that the document complies with current standards.

Conclusion

Modifying an employee’s qualifications constitutes a substantial change to the employment contract, which must be set out in writing using a clear rider, signed and accepted by both parties. This document plays an essential role in the event of a dispute or audit, as it attests to the employee’s informed consent to a change of position or responsibilities.

In short, a well-written rider should contain :

• Full identification of the parties.
• A precise description of the change in qualification.
• Any consequences on remuneration or working conditions.
• The effective date and signature of both parties.

Failure to formalize the change in writing exposes the employer to the risk of requalification by the Administrative Labor Court, or even to claims by the employee.

Finally, here are a few useful Canadian and Quebec legal references to consult in connection with this type of contractual modification:

• Civil Code of Québec, art. 2091: on employment contract modification and termination rules.
• Act respecting labour standards (RLRQ c. N-1.1), art. 41 and following: on minimum conditions of employment.
• Tribunal administratif du travail – Décisions en matière de modification des conditions d’emploi : tat.gouv.qc.ca
• Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST): cnesst.gouv.qc.ca

By using this complete model of an endorsement to modify an employee’s qualification, you can secure your procedures and protect your rights.