Transfer from Nuremberg to Bologna permissible

Labor law

Under German law, the employer is entitled to a right of direction under the employment contract pursuant to Section 106 of the German Industrial Code, according to which the employer may also transfer the employee to another place of work, unless otherwise agreed in the employment contract.

In its ruling of 30 November 2022 (5 AZR 336/21), the Federal Labour Court found that an employer can also transfer an employee abroad on the basis of this provision. In the case in question, a pilot who was employed by an Irish airline at the Nuremberg base took legal action against his transfer to Bologna - without success!

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