Transfer to another department - can I refuse that?
September 18, 2023 | 40,00 EUR | answered by Alexander Lenzner
Dear lawyer,
I am reaching out to you with a question regarding labor law. My name is Andrea Schmid and I have been working in the marketing department of a medium-sized company for five years. Recently, I was informed that due to a restructuring of the company, I am to be transferred to the sales department. I feel comfortable in my current position and do not see a need to switch to another department.
My concern is that in the sales department, I may not have the same tasks and responsibilities as in the marketing department. I am worried that I may feel uncomfortable in the new department and that my performance could be affected. Additionally, I am concerned that the sales department may not offer me the same opportunities for development as my current position.
Therefore, my question to you is: Can I refuse the transfer to the sales department? Are there any legal options to remain in my current department? What steps should I take to best represent my interests in this situation?
Thank you in advance for your support and advice.
Best regards,
Andrea Schmid
Dear Mrs. Schmid,
Thank you for your inquiry and your trust in my expertise in labor law. The situation you described is certainly challenging, especially if you feel comfortable in your current position and have concerns about being transferred to the sales department.
In general, your employer has the right to direct, meaning they can generally decide on the distribution of work tasks and the transfer of employees. However, there are also limits to this right, especially if the planned transfer would constitute a significant change to the contractually agreed working conditions.
In your case, you should first check if there are provisions regarding transfers in your employment contract or collective agreement. It is important that you know your rights and that your employer respects the necessary participation rights. You should also check if the planned transfer violates the principle of proportionality, meaning if the transfer is unreasonable for you.
If you decide against the transfer, I recommend that you have a conversation with your employer and present your concerns and arguments. Perhaps a mutually acceptable solution can be found, for example by exploring alternative options within the company.
If an agreement is not possible, you can consider legal steps to represent your interests. It is advisable to seek advice from an experienced labor lawyer to realistically assess your chances and options.
In any case, it is important to remain calm and factual and to communicate your arguments clearly and understandably. I wish you success in resolving this challenge and am available for further questions.
Sincerely,
Alexander Lenzner, Labor Law Attorney
