Skip to content
Emergency

Transfer to another location? What the employer may do

You are suddenly supposed to work at a different site or in a completely different role? The employer has a right to issue directives, but it has limits. Whether you have to accept the transfer depends above all on your employment contract.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Check your right to a lawyer →

Your chances of getting your money back

The employer can specify the content, place and time of work by directive (§ 106 GewO), but only within the scope of the employment contract and at reasonable discretion (your interests must be weighed).
If a specific place of work is set in the employment contract, a transfer to another location is generally not possible just like that. You usually do not have to accept a significantly lower-ranking job either.

What you should do now

  1. 1

    1. Check the employment contract

    Is a fixed place of work or job agreed, or does it contain a 'transfer clause'? That is decisive.

  2. 2

    2. Check reasonable discretion

    Does the transfer take your interests into account (commute, family, health)? You do not have to accept anything unreasonable.

  3. 3

    3. Objection / reservation

    If you consider the transfer invalid, state this in writing and, if necessary, work at the new location only under reservation.

  4. 4

    4. Get advice

    Have the validity of the transfer checked under employment law before you permanently create facts (advisory aid where applicable).

Frequently asked questions

Do I have to accept a transfer?

Only if it is covered by the right to issue directives, meaning it is within the scope of the employment contract and corresponds to reasonable discretion (§ 106 GewO). If a specific place of work or job is set in the contract, a differing transfer is usually not possible without your consent.

What can I do against an unreasonable transfer?

Tell the employer in writing that you consider the transfer invalid. Often people follow the directive at first under reservation, in order not to risk a warning or dismissal, and have the validity checked legally in parallel, when in doubt with a lawyer's help.

Take action now

We put together the ready-made texts and the right places to contact for you.

Check your right to a lawyerCheck a suspicious message
More help: Emergency by phone · Act together · Right to a lawyer · All guides

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.