Definition
A transfer occurs when an employer permanently assigns an employee to a different area of work or place of work. It is only permissible if the employment contract allows for it – the more precisely the role is described in the contract, the less leeway the employer has. In companies with a works council, a transfer that significantly alters working conditions is subject to co-determination – the works council must give its consent. If the employer’s right to issue instructions is insufficient, the employer must give notice of change. The employee is not obliged to accept unreasonable or vexatious transfers.
Specialist solicitor in employment law
With over 15 years’ experience in employment law
Classification under employment law
A transfer occurs when the employer permanently assigns the employee to a different area of work, a different place of work or substantially altered duties. It is only permissible within the scope of the employer’s right to issue instructions (Section 106 of the Trade Regulation Act) and, in the event of significant changes, may require a notice of change. In companies subject to co-determination, it requires the consent of the works council (Section 99 of the Works Constitution Act).
Distinction from related terms
Right to issue instructions: A transfer is a specific exercise of the right to issue instructions. It is only permissible if it falls within the scope of the contractual agreements.
Notice of amendment: If the employer’s right to direct is insufficient for a transfer, the employer must issue a notice of amendment. This is required if essential working conditions change.
Practical tip
You do not have to accept every transfer without objection. Check the following: Is the new place of work still covered by your employment contract? Does the new role go beyond the description in your employment contract? And: Has the works council given its consent? If consent is lacking, the transfer can be temporarily halted at the works council’s request.
