Employee relocation: your rights and advice


Questioner

Dear Can an employee be transferred from one workplace to the next without a valid reason? This employee has been in the department for 15 years and has always done his job well and there have been no performance reviews. The reason he was told is that he doesn't fit in with the group while he always works alone. The decision to transfer him was taken by his superior during his vacation. The employee is very upset about this Can he object to this? The employee has been replaced by another employee who is well-disposed towards his superior

Lawyer

An employer who wants to change an existing scheme, consults with the employee. He makes his proposal and gives the employee time to think about the proposed changes. The employer (or employee) may in principle change the current arrangement (function, activities, working hours, workplace or working hours per week). The employer must act reasonably, by consulting with the employee and then taking into account the interests of the employee that have been made known to him or are known to him. The arrangement cannot be implemented if it is too onerous for the employee, if this cannot reasonably be expected of the employee. The employer must communicate the decision to stop the current arrangement to the employee and (if desired) motivate it. The employer must pursue a reasonable (business) interest with the decision. If it is unclear whether that interest is actually served by the decision, the employer must be given the benefit of the doubt. Under certain circumstances, more can be expected of the employer. This occurs, for example, when an employee has been working in a certain position or location for many years. Such circumstances may mean that a reasonable employer obtains the employee's consent before he can proceed with the change, because the arrangement has become an acquired right through use. An employer must act reasonably. The employer must take into account the legitimate interests of the employee. This seems to be a personal matter and that is not acceptable. If you wish, you may contact me directly.

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