Transferring an employee to work in another locality
Employers who have many establishments may delegate or transfer an employee to work in another location. The transfer of an employee to work in another location is a significant change in the terms of employment, therefore it cannot be done arbitrarily. Depending on the prerequisites, the employer should fulfill the relevant obligations.
Employment contract in the Labor Code
Art. 29 § 1 of the Labor Code states that an employment contract should specify the parties to the contract, the type of contract, the date of its conclusion and the terms of work and pay. In particular, it should contain:
- type of work,
- place of work,
- remuneration for work corresponding to the type of work, with an indication of the remuneration components,
- working hours,
- date of commencement of work.
Moreover, the employment contract should be concluded in writing. If it has not been concluded in writing, the employer should confirm to the employee in writing the arrangements regarding the parties to the contract, the type of contract and its terms, no later than on the day the employee commences work.
Transferring an employee to work in another locality through an amending agreement
The place of work is an important element when concluding an employment contract, therefore its change should take place by changing the terms of the contract on the basis of an agreement amending the so-called an annex to the contract. This applies when the parties agree on the change, in other words, when the change does not imply a deterioration in terms of employment from the employee's point of view.
It should be emphasized that the employer also has the right to entrust the employee with the performance of work other than specified in the contract, if:
- it is justified and results from the needs of the workplace,
- does not reduce the salary,
- corresponds to the qualifications of the employee.
Of course, the change may only be temporary, but it may occur several times during the year, for a period not exceeding a total of 3 months.
Transferring an employee, i.e. changing the terms of the contract by amending termination
In the event that the employee's transfer to work in another location proves to be unfavorable for the employee and the parties fail to reach an agreement on this issue, the employer has the option of making a change in the form of a change notice. An amendment notice is generally applied to all changes that the employee has not consented to in the form of an amendment agreement.
By presenting an amendment notice, the employer gives the employee the option of agreeing to the change - or not. Under Art. 42 § 3, in the event of the employee's refusal to accept the proposed conditions, the employment contract shall be terminated upon the expiry of the notice period. If the employee does not submit a declaration of refusal to accept the proposed conditions before the lapse of half of the notice period, it is considered that he has agreed to these conditions.
Summing up, the transfer of an employee to work in another location is associated with imposed formalities that should be performed by the employer, depending on the employee's attitude towards changes. If the employee agrees to change the place of work, then the terms of the contract can be changed in the form of a simple annex to the contract. However, when the changes are unfavorable from the point of view of the employee, where, for example, the change of the workplace will result in cumbersome travel and higher travel costs - a change notice is necessary.