Fragen aus dem Arbeitsrecht: Muss ich einer Versetzung zustimmen?

Being transferred from the front office to the field? If your manager proposes a transfer, it could be a shock for many employees. But can they enforce a transfer without the employee's consent? According to Volker Görzel, an expert lawyer for labor law in Cologne and head of the department for employment law and co-determination in the German Association of Labor Lawyers (VDAA), consent from the employee is only required if the transfer changes the quality or scope of work outside the employment contract.

If the new job is covered by the transfer clause in the employment contract, the employee's compensation class remains the same and the new role is expected, making the transfer part of the employer's authority to issue instructions. However, if the new job is incompatible with the existing contract, the employee's consent is required, and the transfer should be treated as a contract change.

This might be the case, for example, when an employee who has always worked in the back office is transferred to the field. The duties may differ so significantly that the employer should not make the decision unilaterally. It is important to know that generally, companies with a works council must involve it in the decision when a transfer is planned for more than four weeks or involves significant changes in working conditions. The consent of the works council is necessary even if the employee has previously given consent.