Can my employer simply change my workplace without my consent?
December 28, 2022 | 40,00 EUR | answered by Sofia Vöss
Dear Employment Lawyer,
I am Wolfgang Sauer and have been successfully working in the sales department of my company for five years. I have recently been informed that I will be transferred to another department starting next month. This change of position has come as a surprise to me, and I am concerned about whether I will be able to adapt as well in the new department as I did in my current one.
I have not had any experience in the new department so far, and I am worried that my daily work routine will be significantly affected by this change. Additionally, I am concerned about whether my previous performance and achievements in the sales department will be recognized in the new department.
Can my employer simply change my position without informing me beforehand or seeking my consent? Are there legal options to challenge this transfer or at least demand a reasonable period for adaptation? I would like to know what rights I have in this situation and how best to handle it in order to protect my interests.
Thank you in advance for your support and advice.
Sincerely,
Wolfgang Sauer
Dear Mr. Sauer,
Thank you for your inquiry regarding your sudden transfer to another department within your company. It is understandable that you are concerned and thinking about how this change in your workplace will affect your daily work and professional development.
In principle, I must inform you that your employer has the right to transfer you to another position within the company, as long as this does not violate any legal provisions or your employment contract. Generally, a transfer is legally permissible as long as it is done for operational reasons and is reasonable.
However, your employer must inform you of the reasons for the transfer and give you enough time to familiarize yourself with the new department. As an employee, you have the right to a reasonable period of familiarization to become acquainted with the new tasks and demonstrate your capabilities.
If you have concerns that the transfer is unreasonable or arbitrary, I recommend that you have a conversation with your supervisor and express your concerns. You can also involve your works council or an employment lawyer to represent your interests and potentially take legal action if necessary.
It is important that you know your rights as an employee and do not hesitate to assert them. Be proactive and communicate with your employer to find a mutually satisfactory solution.
I hope that this information has been helpful to you and I am available for any further questions.
Best regards,
Sofia Vöss
Employment Lawyer
