Transfer of employees

• Definition, Explanation
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In contrast to changing jobs, in the case of a transfer, the employer induces the transfer of an employee to another department by means of the so-called managerial authority. A transfer is the allocation to another area of work according to § 95 section 3 BetrVG (Industrial Constitution Act). It probably exceeds the duration of a month or is combined with an essential change in the conditions under which the job has to be performed. The area of work is to be understood as the respective workplace with its spatial, technical and organisational environment. As long as a transfer that is effected is of equal value to the current job, thus horizontal, no effects result. Vertical transfers describe transfers to lower- or higher-valued jobs. These often lead to chain transfers and new jobs.

In the case of civil servants, a transfer means the delegation of another office in a different authority or under a different employer, which is permanent. This can be for functional reasons on the civil servant's application. The prerequisite is the authority to carry out the strived office. The delegation, allocation and redeployment are to be differentiated from the transfer. The delegation is the temporary transfer of a field of tasks under a different employer, the allocation is a transfer to a different office that is under civil law and the redeployment is the transfer of a different field of responsibilities within the same authority. The civil servant's consent is not necessary in the case of a transfer. However, the civil servant is to be heard before deciding on the transfer, functional requirements are needed and to be weighed up against private issues and the office must be of the same value. The staff council's consent must be maintained before the transfer.

Colloquially, one speaks of the transfer to retirement. This relates to the termination of working life and the step into retirement or pension.

• Before a transfer happens, it must be checked whether provisions of a contract of employment, a company agreement or a law are breached. If, for example, the place of work is part of the contract of employment, a transfer to a different place of work is not possible without the employee's consent. It then remains only an amended contract or notice of dismissal pending a change of contract is given.
• In the case of an employee council being available, it is to be informed, heard and consent obtained from them. Otherwise, the transfer is ineffective. In the case of civil servants, the same applies to the staff council. If no written refusal is submitted within one week, consent is regarded as given
• In the case of transferring the severely disabled, the severely disabled representative must be involved
• The announcement of a transfer can be effected both orally and in writing and must be effected in time so that the employee council can try to reach an agreement in the case of doubt