Transfer
A transfer occurs when the employee
- is assigned new work tasks for a certain period (at least one month)
- is reassigned to a different work location or department
In principle, the employer is entitled to transfer the employee, provided that the transfer from the so-called Right of instruction is covered and does not violate contractual provisions and the works council - if any - was involved.
A transfer is therefore only lawful if a balance of interests at reasonable discretion suggests that the transfer is reasonable. In particular, the employee's family situation must be taken into account.
If the employment contract does not contain any contractual provision with regard to a local limitation, according to the case law of the labor court, there should be a comprehensive transfer right in the entire federal territory of the employer!
The transfer of the employee to a less responsible or less well-paid job is not lawful, as this is a violation of the right to issue instructions. The right to issue instructions only covers the assignment of equivalent work tasks, which is stipulated in the employment contract. It is the same with a contractually fixed salary.