On Monday it's still customer support in Linz; on Tuesday it's supposed to become warehouse coordination in a more distant branch. Sometimes the salary remains the same, but the commute, working hours, responsibilities or career prospects change significantly. Whether employees have to accept such a transfer in Austria cannot be answered with a simple yes or no.
Two separate assessments are decisive: Does the employment contract cover the new tasks or the new place of work? And must an existing works council consent to a permanent, disadvantageous transfer? This guide to Workplace transfer in Austriashows which documents matter, how the 13-week rule works and which steps are advisable before consenting or refusing.
The 60-second check for an announced transfer
Before you respond, answer six questions as concretely as possible:
- What will change?Duties, work location, working hours, pay, allowances, responsibility, or organizational classification?
- What was agreed? Which wording appears in the employment contract, employment notice, amendments and job description?
- How long should the change last? A few days, twelve weeks, or permanently?
- Will there be a disadvantage? Less money, a longer commute, worse hours, or a clear professional demotion?
- Is there a works council? Has it been informed and, if applicable, has it given its consent?
- Should you sign anything? An addendum can turn a disputed instruction into an explicit contractual amendment.
These questions do not yet provide a definitive legal answer. However, they prevent a conversation from being conducted solely about a job label. "Temporarily helping out in another team" can be legally assessed differently than a new, permanent role with a longer commute and the loss of an allowance.
Why every reassignment has two legal levels
The Supreme Court distinguishes, when the scope of duties or place of work changes, between permissibility under the employment contract and under works constitution law. The OGH-Entscheidung 9 ObA 37/17g summarizes the basic idea clearly: Within the agreed framework, the employer can exercise their right to give instructions. If the contractual limits are exceeded, the change generally requires the consent of the employee.
Separately, § 101 Arbeitsverfassungsgesetz protects employees in establishments with a works council in certain permanent reassignments. Both levels must fit. A works council's approval does not automatically amend the individual employment contract. Conversely, a broad contractual clause does not eliminate the statutory participatory rights of the works council.
| Review level | Key question | Important documents |
|---|---|---|
| Employment contract | Are the new duties and the new place of work covered by the agreed terms? | Contract, employment letter, amendments, job description, actual duties performed to date |
| Works constitution | Is the reassignment permanent and associated with worse conditions? | Duration, pay comparison, working hours, place of assignment, role, opinion of the works council |
Examination level one: What the employment contract allows
Regarding the question of what work you owe, the agreed scope of activities and location is the primary factor. The Chamber of Labour on employment contracts and service records points out that the usual place of work or deployment, any changing places of deployment, and the intended use are recorded in the documents.
A narrow contract may, for example, specify a concrete activity and a specific branch. A broad contract may include related tasks, multiple locations, or changing places of deployment. Verbal agreements or those resulting from actual practice can also play a role. Therefore, it is not just a single heading like "clerical work" that is decisive, but the entire contract and how it is lived out in practice.
Transfer within the agreed framework
If the new tasks fall within the agreed category of work and the place of deployment is within the valid location rules, an instruction can generally be covered by the right of direction. In that case, new personal consent is not automatically required. However, this does not mean that any change is permissible. The wording of the contract, reasonableness, and specific circumstances must be considered together.
Example: A customer advisor whose contract specifies support across multiple channels and the Vienna location is to move from the email team to the phone team at the same location. If the classification, hours, and core tasks remain comparable, there is a stronger case for a contract-covered change than in the case of an assignment to unrelated auxiliary tasks.
Transfer beyond the contract
If the new workplace exceeds the agreed scope, it is considered 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 Austrian Supreme Court (OGH) also confirms this in decision 8 ObA 92/22w.
Caution with very broad transfer clauses: According to the Chamber of Labour, such clauses are unfavorable for employees but are often effective. In the event of a dispute, the specific contract is interpreted. Anyone reviewing a new contract should therefore not just look at the salary. The jobspot guide Checking employment contracts and service notes shows which location, activity, and amendment clauses should be clarified before signing.
Second level of review: When the works council must consent
In a company with a works council, Section 101 of the Labor Constitution Act (ArbVG) also applies. According to the the current version of § 101 ArbVGAny permanent assignment to another workplace must be notified to the works council without delay; at its request the matter 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 works council's consent to be legally effective. If the works council refuses consent, the employer can apply to the Labour and Social Court to have it substituted. The court will agree if the transfer is objectively justified.
The Chamber of Labour on the works council's participation rightsIt also explains: For shorter transfers, the works council can obtain information on request. However, the special consent requirement under § 101 does not apply below the duration threshold. The contractual review under employment law nevertheless remains.
What may be considered a deterioration
A lower base salary is an obvious warning sign. The loss of a previously paid allowance can also be a deterioration of pay conditions. For "other working conditions" it depends on the overall situation. In particular, check:
- Working hours, shifts, weekend or night work
- Commute, accessibility/being reachable, and additional travel time
- Physical or psychological strain at the new workplace
- Responsibility, status, qualification level and professional development
- Discontinued benefits, allowances or regularly granted entitlements
Not every change that is subjectively undesired is automatically a legal deterioration. Conversely, "the same base salary" is not sufficient proof that everything remains the same. Document the differences in measurable terms and have the overall effect assessed.
What applies in companies without a works council
Without a works council, the special protection requiring consent under § 101 ArbVG no longer applies. However, this does not give the employer an unlimited right to make changes. The contractual level remains in force: if the new assignment is not covered by what was agreed, a contract amendment may be required.
Particularly in smaller companies, employees should carefully secure documents and records of conversations themselves. The Upper Austrian Chamber of Labour on workplace and duties warns explicitly against simply refusing a reassignment without review. If the directive is permissible, substantial consequences up to dismissal may result. Therefore have the individual case examined before refusing.
The seven-step immediate plan
1. Specify the change in writing
Ask for the start date, expected duration, place of assignment, duties, working hours, classification, remuneration and reporting line. A verbal announcement such as 'help out elsewhere from next week' is too vague for a reliable assessment.
2. Secure all contractual documents
Collect the employment contract, written statement of employment, amendments, job description, relevant works agreements and the collective bargaining agreement. Earlier written task descriptions or permanent assignment schedules can also help document the previous use.
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, commute time, hours, workload, responsibility and development opportunities.
4. Clarify duration and reason
Note whether the change is planned for under 13 weeks or for 13 weeks or more. Ask for the operational reason. The duration determines the special works council rule; however, by itself it does not indicate anything about contractual coverage.
5. Involve the works council immediately
If there is a works council, pass on the facts to it and ask whether the reassignment has been reported. In the case of a permanent worsening, its formal consent is not merely a non-binding discussion.
6. Do not sign anything hastily
Do not sign a contract addendum during the meeting. Request time to consider and a copy. A handwritten note 'with reservation' is not a reliable substitute for legal advice and does not automatically protect you from legal consequences.
7. Seek advice before consenting or refusing
Contact the Chamber of Labour, your union, or an employment-law advisor and describe the contract, the new role, the location, the duration, and the disadvantages in full. Clarify in particular how you should handle the instruction until a legal assessment is provided.
Template wording for written clarification
Thank you for the conversation about the planned change to my assignment. For my review, I request a written description of the duties, place of work, start date, expected duration, working hours, classification, remuneration and any allowances. Please also let me know whether the works council was informed. I request reasonable time to consider and will provide written feedback after reviewing the documents.
The template neither expresses consent nor refusal. Adapt it to the situation. If an immediate start is demanded or consequences are threatened, obtain individual advice immediately.
Four typical cases compared
Case 1: Different team, same core tasks
An employee transfers within the same Vienna location from one service group to another. Contract, pay, hours and core professional duties remain the same. This speaks more for an instruction within the contract. Whether it nonetheless constitutes a different workplace within the meaning of works constitution law depends on the concrete change.
Case 2: Fixed workplace is relocated
The contract names Graz exclusively. In future the employee is to work permanently in a branch 45 kilometres away; there is no clause for changing locations. Here the contractual question arises first. The works council's consent alone would not replace the necessary personal contract amendment.
Case 3: Six months, less responsibility and allowance
A team leader is to move to a lower-level 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, its consent under § 101 is central. In addition, it must be checked whether the individual contract covers the transfer.
Case 4: Eight-week project
An employee supports a project at another location for eight weeks. The special consent requirement for permanent transfers does not apply because of the planned duration. Nevertheless, the contractual framework, reasonableness, working time and costs must be examined.
Transfer, internal move or business transfer?
Not every occupational change is a unilateral transfer. Someone who voluntarily applies for another position within the same company negotiates an internal transfer. How to clarify tasks, salary and confidentiality in the process is shown by the jobspot guide to internal application.
If, on the other hand, the owner of the business changes, specific rules apply to the transfer of employment relationships. That is not the same as a new assignment of duties. The article Business transfer and company sale explains this distinction.
FAQ on reassignment in the workplace
Can the employer simply change the place of work?
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 its reasonableness must be assessed on a case-by-case basis.
Is an unchanged salary sufficient for a lawful reassignment?
No. Salary is only one part of the assessment. The role, location, hours and other working conditions can also be decisive. In establishments with a works council, a deterioration of other working conditions can also trigger the requirement to obtain consent.
What does the 13-week threshold mean?
A placement in another workplace is considered permanent under § 101 ArbVG if it is expected to last at least 13 weeks. The threshold concerns the involvement of the works council. It does not automatically make a shorter, contract-violating instruction permissible.
Can the works council consent against my will?
Its consent relates to the works-constitution-law level. If the reassignment exceeds your individual contract, the works council's consent does not replace the consent that is required from you.
May I refuse a transfer immediately?
An immediate refusal is risky because the instruction may nevertheless be covered by the contract. Document the order and obtain specific employment-law advice before refusing.
Conclusion: First assess, then respond definitively
With a transfer it doesn’t matter whether the new workplace sounds appealing, but whether the contract and the Works Constitution support the change. Therefore check tasks, location, duration, disadvantages and works council procedures separately. Request the key details in writing, secure your documents, and do not sign any change under time pressure.
The best initial reaction is neither a hasty yes nor an impulsive no. It is a precise assessment combined with legal advice. This way you protect your contract without unknowingly violating a lawful instruction.
