Transfer for 6 months without asking me.
May 29, 2010 | 25,00 EUR | answered by Michael Vogt
About a year ago, it was verbally agreed that caregivers from the nursing home should go to the affiliated clinic on a VOLUNTARY BASIS, limited to 6 months. Today, after returning from vacation, I found out that it had already been decided that I SHOULD go to the clinic starting in July. But this is not what I want. I have been working at the nursing home since 2003 and I would like to continue working there. Can they just easily push me away like that? Especially without asking me, since it was originally intended to be voluntary. There are rumors circulating that they want to break up the team. Furthermore, they say that they want to get rid of the OLD, those who have been there for so long, because they are more expensive financially than hiring new ones who would only get temporary contracts. Thank you.
Dear advice seeker,
I am happy to answer your question based on the situation you have described and taking into account your contribution as follows:
Whether you can be transferred to the affiliated clinic depends first and foremost on how your role is described in your employment contract and whether a so-called transfer clause is included.
If you have been specifically hired as a caregiver for the nursing home and there is no transfer clause in your employment contract, your employer can only transfer you to the clinic with your consent. In this case, you can refuse the transfer - possibly with the help of the staff/works council.
I hope that my answer has given you an initial overview of the legal situation.
I would like to point out that this answer, based on the information you provided, is only an initial legal assessment of the situation. It cannot replace a comprehensive evaluation. By adding or omitting relevant information, the legal assessment may be completely different.
You are welcome to contact me through the follow-up option on this platform or via my email address.
For further legal representation beyond this initial consultation, my law firm is also available to assist you.
I wish you a pleasant weekend and remain
Yours sincerely
Lawyer Michael Vogt
