Where the employer asks the employee to modify the distribution of his working hours, even though the employment contract has not provided for the cases and nature of such modifications, the employee’s refusal to accept this modification constitutes neither misconduct nor grounds for dismissal.
When the employer asks the employee to modify the distribution of his working hours in one of the cases and according to the procedures defined in advance in the employment contract, the employee’s refusal to accept this modification constitutes neither misconduct nor grounds for dismissal provided that this modification is not compatible with imperative family obligations, with the pursuit of school or higher education, with the completion of a period of activity fixed by another employer or with a self-employed professional activity. The same applies in the event of a change in the working hours within each day worked, as set out in the written document communicated to the employee in application of 3° of article L. 3123-6.