On Monday, it's customer support in Linz; on Tuesday, it's supposed to become warehouse coordination at a more distant branch. Sometimes the salary remains the same, but the commute, working hours, responsibilities, or professional prospects change significantly. Whether employees must accept such a transfer cannot be answered with a simple yes or no in Austria.
Two separate checks are decisive: Does the employment contract cover the new tasks or the new workplace? And must an existing works council agree to a permanent, detrimental transfer? This guide on transfer at the workplace in Austria shows which documents count, how the 13-week rule works, and which steps are sensible before agreeing or refusing.
The 60-second check for an announced transfer
Before you react, answer six questions as concretely as possible:
- What is changing? Activity, workplace, working hours, remuneration, allowances, responsibility, or organizational classification?
- What was agreed upon? What wording is in the employment contract, service note, addenda, and job description?
- How long is the change supposed to last? A few days, twelve weeks, or permanently?
- Is there a disadvantage? Less money, longer commute, worse hours, or a noticeable professional demotion?
- Is there a works council? Was it informed and did it possibly agree?
- Are you supposed to sign something? An addendum can turn a disputed instruction into an explicit contract amendment.
These questions do not yet provide a ready-made legal answer. However, they prevent a conversation from being held only about a job label. "Helping out in another team temporarily" can be judged differently in legal terms than a permanent new function with a longer commute and a lost allowance.
Why every transfer has two legal levels
The Supreme Court distinguishes between employment contract law and works constitution law when changing the scope of activities or place of service. The OGH decision 9 ObA 37/17g summarizes the basic idea clearly: Within the agreed framework, the employer can use their right of instruction. If the limits of the contract are exceeded, the change generally requires the consent of the employee.
Separately, § 101 of the Labor Constitution Act protects employees in companies with a works council in the case of certain permanent transfers. Both levels must fit. Consent from the works council does not automatically expand the individual employment contract. Conversely, a broad contract clause does not eliminate the statutory participation rights of the works council.
| Check level | Core question | Important documents |
|---|---|---|
| Employment contract | Are the new activity and new workplace covered by what was agreed? | Contract, service note, addenda, job description, actual previous usage |
| Works constitution | Is the transfer permanent and associated with worse conditions? | Duration, salary comparison, working hours, place of deployment, function, statement of the works council |
Check level one: What the employment contract allows
For the question of what work you owe, the agreed scope of activities and location is primarily decisive. The Chamber of Labor on employment contract and service note points out that the usual place of work or deployment, possibly changing places of deployment, as well as the intended use, are recorded in the documents.
A narrow contract can, for example, name a specific activity and a specific branch. A broad contract can include related tasks, multiple locations, or changing places of deployment. Verbal agreements or those arising from actual practice can also play a role. Therefore, not only a single heading like "clerical work" is decisive, but the entire contract and its lived implementation.
Transfer within the agreed framework
If the new tasks fall into the agreed category of work and the place of deployment is within the valid location rule, an instruction can generally be covered by the right of direction. Then, new personal consent is not automatically required. However, this does not mean that any change would be permissible. Contract wording, reasonableness, and concrete circumstances must be considered together.
Example: A customer advisor whose contract mentions support via several channels and the Vienna location is to switch from the email team to the phone team at the same location. If classification, hours, and core tasks remain comparable, there is more in favor of a contract-covered change than with an assignment of unrelated auxiliary work.
Transfer beyond the contract
If the new workplace is to exceed the agreed framework, it is a contract amendment from an individual perspective. This generally requires consent. The works council cannot replace a lack of consent from the affected person. The OGH also confirms this in the decision 8 ObA 92/22w.
Caution with very broad transfer clauses: According to the assessment of the Chamber of Labor, such clauses are unfavorable for employees but often effective. In the event of a dispute, the specific contract is interpreted. Anyone checking a new contract should therefore not just look at the salary. The jobspot guide Review employment contract and service note shows which location, activity, and amendment clauses need to be clarified before signing.
Check level two: When the works council must agree
In a company with a works council, § 101 ArbVG is added. According to the current version of § 101 ArbVG a permanent assignment to another workplace must be communicated to the works council immediately; upon request, it must be discussed. A transfer is considered permanent if it is expected to last at least 13 weeks.
If this permanent transfer is associated with a deterioration in remuneration or other working conditions, it requires the consent of the works council for its legal validity. If the works council refuses consent, the employer can apply to the Labor and Social Court for its replacement. The court agrees if the transfer is objectively justified.
The Chamber of Labor on the participation rights of the works council also explains: For shorter transfers, the works council can receive information upon request. However, the special obligation to consent according to § 101 does not apply below the duration limit. The employment contract check remains in place regardless.
What can count as a deterioration
A lower base salary is an obvious warning signal. The loss of a previously paid allowance can also be a deterioration of remuneration conditions. For "other working conditions," it depends on the concrete overall situation. Check in particular:
- Working time position, shifts, weekend or night work
- Commute, accessibility, and additional travel time
- Physical or mental strain of the new workplace
- Responsibility, status, qualification level, and professional development
- Lost benefits, allowances, or regularly granted services
Not every subjectively undesirable change is automatically a legal deterioration. Conversely, "same base salary" is not sufficient proof that everything remains the same. Document the differences in a measurable way and have the overall effect assessed.
What applies in companies without a works council
Without a works council, the special consent protection according to § 101 ArbVG does not apply. However, the employer does not receive an unlimited right to change. The employment contract level continues to apply: If the new use is not covered by what was agreed, a contract amendment may be necessary.
Especially in smaller companies, employees should carefully secure documents and the course of the conversation themselves. The Chamber of Labor Upper Austria on place of service and activity expressly warns against simply refusing a transfer without checking. If the instruction is permissible after all, significant consequences up to dismissal can threaten. Therefore, have the individual case checked before a refusal.
The seven-step immediate plan
1. Concretize the change in writing
Ask for the start, expected duration, place of deployment, activities, working hours, classification, remuneration, and reporting line. A verbal announcement like "helping out somewhere else starting next week" is too imprecise for a reliable check.
2. Secure all contract documents
Collect employment contract, service note, addenda, job description, relevant works agreements, and the collective agreement. Previous written task descriptions or permanent deployment plans can also help to document the previous usage.
3. Compare before and after
Create a simple table with the columns "previous," "new," and "impact." Compare not only the monthly salary but also allowances, travel time, hours, strain, responsibility, and development opportunities.
4. Clarify duration and reason
Note whether the change is planned for under or over 13 weeks. Ask for the operational reason. The duration decides on the special works council rule; however, it does not yet say anything about contract coverage.
5. Involve the works council immediately
If there is a works council, transmit the facts to them and ask if the transfer was reported. In the case of a permanent deterioration, their formal consent is not just a non-binding conversation.
6. Do not sign anything prematurely
Do not sign a contract addendum during the conversation. Ask for time to think and a copy. A handwritten note "under reservation" is not a reliable substitute for advice and does not automatically protect against every legal consequence.
7. Get advice before agreeing or refusing
Contact the Chamber of Labor, trade union, or labor law advice and describe the contract, new activity, location, duration, and disadvantages completely. Clarify in particular how you should deal with the instruction until the legal assessment.
Template for written clarification
Thank you for the conversation regarding the planned change of my deployment. For my review, I request a written description of the activity, workplace, start, expected duration, working hours, classification, remuneration, and any allowances. Please also inform me whether the works council has been informed. I request reasonable time to consider and will provide written feedback after reviewing the documents.
The template declares neither consent nor refusal. Adapt it to the situation. If an immediate start of work is demanded or consequences are threatened, seek individual advice immediately.
Four typical cases in comparison
Case 1: Different team, same core tasks
An employee switches from one service group to another within the same Vienna location. Contract, remuneration, hours, and professional core tasks remain the same. This speaks more for an instruction within the contract. Whether there is nevertheless a different workplace in the sense of works constitution law depends on the concrete change.
Case 2: Fixed workplace is relocated
Only Graz is mentioned in the contract. In the future, the employee is to work permanently at a branch 45 kilometers away; a clause for changing locations is missing. Here, the contract question arises first. Consent from the works council alone would not replace a necessary personal contract amendment.
Case 3: Six months, less responsibility and allowance
A team leader is to switch to a simpler position for six months and loses a functional allowance. The duration exceeds 13 weeks, and there are concrete disadvantages. In a company with a works council, their consent according to § 101 is central. Additionally, it must be checked whether the individual contract covers the change.
Case 4: Eight-week project
An employee supports a project at another location for eight weeks. The special obligation to consent for permanent transfers does not apply because of the planned duration. Nevertheless, the contract framework, reasonableness, working hours, and costs remain to be checked.
Transfer, internal change, or business transfer?
Not every professional change is a one-sided transfer. Anyone who voluntarily applies for another position in the same company negotiates an internal change. How you clarify tasks, salary, and confidentiality in this process is shown by the jobspot guide on internal application.
If, on the other hand, the owner of the business changes, separate rules apply to the transition of employment relationships. This is not the same as a new task assignment. The article Business transfer and company sale explains this distinction.
FAQ on transfer at the workplace
Is the employer allowed to simply change the workplace?
Only if the change is covered by the agreed framework or you agree to a contract amendment. A broad location clause can give the employer leeway; its concrete scope and reasonableness must be checked in individual cases.
Is the same salary sufficient for a permissible transfer?
No. The salary is only one part of the check. Activity, location, hours, and other working conditions can also be decisive. In companies with a works council, a deterioration of other working conditions can also trigger the obligation to consent.
What does the 13-week limit mean?
An assignment to another workplace is considered permanent according to § 101 ArbVG if it is expected to last at least 13 weeks. The limit concerns the participation of the works council. It does not automatically make a shorter, contract-violating instruction permissible.
Can the works council agree against my will?
Their consent concerns the works constitution level. If the transfer exceeds your individual contract, the works council consent does not replace your required consent.
Am I allowed to refuse a transfer immediately?
A spontaneous refusal is risky because the instruction might be covered by the contract after all. Document the order and obtain concrete labor law advice before a refusal.
Conclusion: Check first, then react bindingly
In the case of a transfer, it does not count whether the new workplace sounds pleasant, but whether the contract and works constitution support the change. Therefore, check tasks, location, duration, disadvantages, and works council procedure separately. Request the key data in writing, secure your documents, and do not sign any change under time pressure.
The strongest first reaction is neither a hasty yes nor a spontaneous no. It is a precise inventory with legal advice. This is how you protect your contract without violating a permissible instruction out of ignorance.
