Contractual limits
Duties, workplace, and transfer clauses determine the contractual scope.
A transfer can significantly affect the workplace, duties, and personal life. I assess the contract, the employer’s direction rights, and response options.
For Employee Transfer, these points are especially important:
The first step is to clarify: Whether contract and direction rights cover the change of workplace or duties and whether interests were fairly balanced.
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Duties, workplace, and transfer clauses determine the contractual scope.
Business reasons and personal burdens must be balanced appropriately.
If direction rights are insufficient, a contractual change cannot simply be imposed as a transfer.
Additional participation rights may apply in co-determined businesses.
Duties, workplace, and transfer clauses determine the contractual scope.
Business reasons and personal burdens must be balanced appropriately.
If direction rights are insufficient, a contractual change cannot simply be imposed as a transfer.
Additional participation rights may apply in co-determined businesses.
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Step 1
Whether contract and direction rights cover the change of workplace or duties and whether interests were fairly balanced.
Step 2
Duties, workplace, and transfer clauses determine the contractual scope.
Step 3
If direction rights are insufficient, a contractual change cannot simply be imposed as a transfer.
Step 4
Additional participation rights may apply in co-determined businesses.
For Employee Transfer, Dr. Philipp Lerch focuses on the specific evidence, deadlines, and a direct legal strategy.

Whether contract and direction rights cover the change of workplace or duties and whether interests were fairly balanced.
Business reasons and personal burdens must be balanced appropriately.
If direction rights are insufficient, a contractual change cannot simply be imposed as a transfer.