Can the individual employer modify the employment contract of a home worker?

Verified 11 August 2025 - Directorate of Legal and Administrative Information (Prime Minister)

An individual employer who hires an employee at home must, in principle, draw up a written employment contract. When labor relations change, the employer may propose to the employee an amendment to the employment contract. We're taking stock of the regulations.

The employment contract of the employee at home includes mandatory information.

The employee's agreement is necessary when the employment contract amendment affects an item essential the employment contract.

The employment contract may be amended in particular in the following cases:

  • Remuneration, up or down. The remuneration includes the salary and all salary "accessories", such as benefits in kind (meals, accommodation). If the employment contract provides for the provision of a meal to the employee, this benefit cannot be eliminated without his consent.
  • Workplace. It is normally fixed at the home of the individual employer and must be indicated in the contract. Changing the workplace may be considered important if the new workplace is remote and not served by public transport, for example.
  • Duration of work (number of hours of work to be performed in the week or month). Any increase or decrease in the duration of the contract may not be imposed on the employee.

Concerning the working hours, everything depends on the possibilities for modification provided for in the employment contract:

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Working hours are stipulated in the contract

The individual employer cannot change the schedules without the employee's consent.

Working hours are not provided for in the contract

Working hours may be changed without the employee's consent, unless the change of hours involves a very significant change in the employee's working conditions (e.g. presence at night).

When the employer wishes to modify the employee's contract of employment at home, he must propose a endorsement written.

This amendment must indicate the changes made to the initial employment contract and the new working conditions.

It is signed by the employer and the employee.

FYI  

The contract oral of the home worker declared to the Urssaf service Cesu: titleContent produces the same effects as a written contract. When the employer wishes to amend the contract oralHowever, he must propose a written amendment to the employee (for example, the employer wishes to reduce the working time from 3 hours per week to 2 hours per week).

YesHowever, the home worker may refuse to amend his employment contract.

The individual employer can then choose one of the following 2 options:

  • Or cancel the proposed amendment. The employment contract then continues under the initial conditions.
  • Either dismiss the employee, if any other reason that the refusal to amend the contract exists.

Disputes fall within the competence of the labor court of the home of the individual employer.

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