Transfer to a distant place of work: do you have to accept it?

Via the directive right, the employer can determine the place, time and content of work within certain limits, but only at their reasonable discretion and within the framework of the employment contract. If a fixed place of work is agreed in the contract or the transfer is unreasonable, you do not have to accept it just like that.

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The directive right allows the assignment of another place of work only at reasonable discretion and only insofar as the employment contract permits it (§ 106 GewO). If a particular place is agreed, a transfer there is not possible just like that.

In the discretionary decision, your interests (family, commute time, care obligations, health) must be taken into account. You do not have to follow an unreasonable directive, but you should have this carefully clarified.

What you should do now

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1. Check the employment contract
Is a fixed place of work agreed or is there a transfer clause ('deployable nationwide') there? That is the starting point.
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2. Weigh reasonableness
Take into account commute time, relocation, family and health concerns. The more serious, the more likely the directive is unreasonable.
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3. Object in writing
If you consider the transfer unreasonable, object in writing and give factual reasons for your interests.
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4. Clarify the risk
Simply ignoring a directive is risky (warning/dismissal). Have the legal situation checked before you refuse work at the new location.

How to spot the scam

The transfer follows shortly after a conflict, a possible retaliation attempt.
A specific place of work is agreed in the contract, which is now being ignored.
The new route can only be managed with unreasonable effort.

Frequently asked questions

May the employer transfer me to another place?

Only if the employment contract permits it and the directive corresponds to reasonable discretion (§ 106 GewO). If a fixed place of work is agreed, a transfer to another place is generally not possible just like that.

What if the transfer is unreasonable?

You do not have to follow an unreasonable directive that does not sufficiently take your legitimate interests into account. However, the assessment is delicate; object in writing and have the situation checked instead of simply not showing up.

Can I simply keep working at the old place?

That is risky, because with a valid directive a refusal to work looms. It is safer to object in writing and have the validity clarified, if necessary in court.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.