An employer sometimes has to transfer an employee to another job position. An example is this year’s floods, when many employers had to suspend operations. Find out when the law imposes this obligation on you, when the law allows you to transfer an employee, and what rights employees have in this situation.
What is the type of work and job description?
The type of work, or types of work, must be specified in chinese overseas british database a written employment contract. The type of work defines what work the employee will perform (e.g. facility manager, accountant, marketing specialist). A more detailed job description ( job description ) is usually an annex to the employment contract, where the employer determines the specific tasks of the employee within the contractually agreed type of work.
The employer can unilaterally change the job description, but only within the mutually agreed type of work . For example, if the employment contract states the type of work as “facility manager” and the annex lists tasks that relate exclusively to interior maintenance, the employer can unilaterally and without changing the employment contract decide that the manager will water the adjacent garden. However, he cannot require this employee to ensure, for example, the delivery of goods to customers – this would be a transfer to another job, which can only be done in situations specified by law.
Several situations may arise in connection with a transfer to another job (change in type of work) :
The employer and the employee agree on the transfer
The employer must transfer the employee to another job position swisscom sticks to a dividend of 22 francs per share for reasons specified by law and the employee must comply.
An employer may or may not transfer an employee in legally prescribed situations and if they do so, the employee must comply.
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Transfer to another job position by agreement
If you and your employee agree to transfer to another job position and you both agree, there is nothing stopping you from doing so . This most often happens for so-called organizational reasons – in layman’s terms, when you have no work for the employee. In such a case, you cannot just fire them; terminating an employment relationship for organizational reasons entails a number of obligations, including the payment of severance pay , and for most employers it is more advantageous to reassign a redundant employee.
A change in job position must be accompanied by a change in the thailand data employment contract and the salary in the new job position must be the same or higher than the original one.
What if the employee does not agree to the transfer?
However, if you do not have a job for the employee, but he does not agree to the transfer, this is an obstacle on the employer’s side and you have no choice but to pay the employee a wage compensation or terminate the employment relationship for organizational reasons.
