Transfer of Employees in the Labor Scope Environment

13 May, 2024


In the labor environment, employers sometimes need to transfer employees from one workplace to another. Conversely, this process has certain legal and jurisprudential criteria. We will address them in detail.  

The Employment Contract and the Work Center

The employment contract establishes the conditions for rendering services, including the workplace. This place is crucial in the negotiation of the contract for the worker’s convenience.  

The Ius Variandi and the Modification of the Contract

The employer can modify working conditions, including the transfer of the employee within a reasonable framework and needs of the work center. Conversely, this unilateral modification must be supported by valid justifications without harming the employee.  

Jurisprudence and Transfer of Workers

The jurisprudence examines transfers considering possible acts of hostility. An invalid transfer jeopardizes the employee or is not objective.  

Restrictions and Fundamental Rights

The jurisprudence also considers the fundamental rights of the employee and third parties, such as the family unit. A transfer affecting these rights may be challenged before the courts.  


In summary, the transfer of employees must meet legal and jurisprudential criteria to be valid. It must be reasonable, based on legitimate business needs, and not infringe on the fundamental rights of employees or third parties.