Legal Advice on Dismissal and Transfer

Questioner

From August 1st I would start working in another branch. This one was already about to close. I got a call asking if I wanted to work extra hours in this branch. I agreed to this, not knowing that this branch would close anyway. So the branch would simply remain open, at least that's why I could work extra hours there. Now, as of August 1st, I am an employee of a branch that is going to close. I believe that transferring is pointless because people have just been hired for other branches. I don't really know what my rights are. I have been working for this company since 2010.

Lawyer

Your question is not entirely clear. Will you be fully employed at this new branch as of August 1, or only for the extra hours? And how is this all recorded? It is not yet August 1st. With the knowledge of now, have you already filed an objection to the transfer?

Questioner

Well, the branch that will close is my regular branch. My contract is for an indefinite period. The branch had been known for some time that they were going to close. This would be the first week of August. Eventually, about 2 weeks ago, they were going to stay open. That's why there was room for people to work more hours. Now I was in that branch yesterday and suddenly see that they are going to close in the 2nd week of August. So everyone is out of breath. Now I have the idea that they have moved people they want to get rid of to this branch in order to get rid of them. Can this just happen? Because then they are acting with premeditation, aren't they? No, no notice of objection signed. Because I was transferred to that branch with the intention of working more hours. I'm just curious if they can fire me because they're going to close the branch. Tomorrow the regional manager and someone from the head office are coming to talk. I'd like to prepare myself a bit for what they might say.

Lawyer

I'm sorry, but I don't understand your question/position. You write that this branch that is going to close is your regular branch and then you indicate that you have been transferred to the branch that is going to close. Based on the above information, I cannot advise you properly. In general, I think it would be good if you listen to what the regional manager has to say tomorrow so that you can better assess the consequences of closing the branch for you personally. You can always ask a question here again afterwards or contact us directly. Good luck tomorrow.

Questioner

Sorry, I read it very unclear indeed. My regular branch will remain open. For convenience, I'll call it branch A. Now I indicated that I wanted to work more. The manager followed up on this and eventually I was able to go to branch B to work more hours there. From August 1st, my regular branch would become B. It would remain open and therefore I would be able to work more hours there. Now I worked one day last Monday in branch B and I found out that the branch will close in the 2nd week of August. I'm just curious whether they now have a valid reason to fire me. Also with the fact that they have hired a new person. I'm just curious what my rights are in this. Can't they just transfer people and then fire them? And tomorrow is my last working day before my vacation starts.

Lawyer

Your question is now clear, thank you. A strange situation, being transferred to a branch and then being told that it is going to close before the transfer is final. Based on the above, I see good grounds for defense if the employer tries to fire you. Because your situation differs from that of others, I advise you to ask the manager for clarity about your position in a personal conversation. It is not advisable to discuss your situation in a general meeting with others present. Indicate that - given the circumstances - you do not wish to be transferred and are claiming your own place at branch a. The fact that someone else has already been hired is the employer's problem and he must also resolve this. If the manager reacts negatively to this, please let me know, then I, or one of my colleagues, can advise you further.

Questioner

If they ask me to sign something? Is it wise to sign? Or have someone check it?