Can my employer simply transfer me?
January 26, 2023 | 30,00 EUR | answered by Alexander Lenzner
Dear employment lawyer,
I am reaching out to you with an urgent question regarding my current work situation. My name is Friedhelm Vollmann and I have been working as a sales representative in a company for five years. Recently, my employer informed me that I will be transferred to a different location starting next month, which is significantly further away from my place of residence.
I am very concerned about this transfer, as it would have a massive impact on my personal life. I have a family and am the main breadwinner, so moving or facing a long commute on a daily basis would mean significant financial and time burdens for me and my family.
I am wondering if my employer even has the right to transfer me without my consent or without taking into account my personal circumstances. Are there any legal regulations or clauses in my employment contract that justify such a transfer? Are there any legal steps that I can take in this situation to prevent or at least delay the transfer?
I would be grateful for any help and advice, as I am currently feeling very unsure and do not know how to handle this unexpected situation. Thank you in advance for your support.
Sincerely,
Friedhelm Vollmann
Dear Mr. Vollmann,
Thank you for your inquiry regarding your current situation as a sales representative and the planned relocation to another location by your employer. I understand your concern regarding the potential impact that such a relocation could have on your personal life, especially since you have a family and are the main breadwinner.
In Germany, labor law generally regulates the relocation of employees. A relocation to another location can generally only take place with the consent of the affected employee. If your employment contract does not contain provisions regarding relocation, a unilateral relocation by the employer is generally not permissible.
However, there are exceptions where a relocation may be possible without the consent of the employee. For example, if the employment contract includes a so-called relocation clause granting the employer the right to relocate the employee to another location. Also, business reasons, such as economic reasons or organizational requirements, can justify a relocation. In this case, your employer would need to demonstrate that the relocation is necessary for business reasons.
If you have concerns about the planned relocation, I recommend first discussing the matter with your employer and explaining your concerns and personal circumstances. It may be possible to reach an agreement through a conversation that is acceptable to both parties. If no agreement can be reached, you may consider seeking advice from me as a labor law attorney to assess your legal options.
Possible legal steps you could consider include filing a lawsuit in the labor court to review the legality of the relocation. It is important that you know your rights and seek legal advice if in doubt to find an appropriate solution for your situation.
I hope this information is helpful to you and I am available for further consultation.
Sincerely,
Alexander Lenzner
Labor Law Attorney
