Effective Ways to Handle When Employees Are Transferred Illegally
In today’s labor environment, many employees—especially mid‑level and senior staff—face situations where their employer unilaterally changes their job position, title, or workplace without consent. This is a common form of labor dispute but is often overlooked due to anxiety or lack of legal awareness. This article by DEDICA helps you better understand employees’ rights in cases of contract‑violating transfers and offers practical advice to protect your rightful benefits.
What Constitutes an Illegal Job Transfer?
Employees often confuse internal transfer rights with contract violations. The law permits employers to transfer staff, but the conditions and procedures are tightly regulated. Understanding the definition and regulations is the first step to determining whether a transfer is unlawful.
Under Articles 33 and 35 of the 2019 Labor Code:
Employers may only modify a labor contract with written agreement and at least 3 business days’ notice (Articles 33).
Employers may temporarily transfer employees to different jobs no more than 60 working days per year, and only for legitimate reasons (e.g., natural disasters, epidemics) (Article 35). Exceeding this duration or lacking valid reasons constitutes a legal violation.
Thus, if your job title (e.g., Director to Team Lead) or location is changed without a written contract amendment or proper notice, this is considered illegal transfer.
Legal and Practical Impacts on Employees
What may seem like a simple internal reassignment can have serious consequences—damaging reputation, income, and career prospects. This is why employees must carefully assess the effects when transferred improperly.
If illegally transferred, employees may suffer:
Financial loss by losing performance bonuses, managerial allowances, or title‑based pay.
Emotional distress from damage to dignity, internal reputation, or professional image.
Legal risk of losing the right to sue if time limits aren’t observed.
How Employees Can Protect Their Rights
Facing an unlawful transfer, many feel powerless or fear job loss, so they comply. However, with proper action, employees can effectively protect their rights professionally.
Step 1: Observe & Document
Do not sign any transfer notices before understanding the legal basis and reasons.
Retain all notices, emails, or documents related to the transfer as evidence in potential disputes.
Step 2: File an Internal Complaint
Submit a formal complaint to management requesting clarification and reversal.
This shows willingness to resolve issues internally and supports future legal claims.
Step 3: Consult a lawyer & Consider Legal Action
If your employer ignores your complaint or continues unfair actions, seek a labor lawyer to review your case.
A lawyer can prepare a lawsuit to cancel the transfer decision, restore your position, or claim compensation for income loss and emotional damages.
Note: The statute of limitations under the Labor Code is 12 months from the date of violation.
Do Employers Have the Right to Transfer Employees?
Yes, but only under strict legal conditions. Employers who wish to transfer staff lawfully must:
Clearly state the reason: restructuring, labor reorganization, emergencies.
Prepare a workforce utilization plan in accordance with Article 44 of the Labor Code.
Conduct workplace dialogue as stipulated in Article 63.
Notify the employee and sign a written addendum to the labor contract for long‑term changes.
Failing any of these steps can expose the employer to legal liability and payment obligations.
About DEDICA Law Firm
DEDICA specializes in advising and representing employees—especially managers and senior staff—in disputes involving labor contracts, illegal transfers, unilateral termination, or unpaid wages. With extensive courtroom experience and deep insights into corporate culture, we are committed to protecting your rights comprehensively.
Contact DEDICA Law Firm for in‑depth legal advice!
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