Transfer to a lower position

Employer seeks to transfer employee to different establishment and lower position

  • Posted by Bassam Za’za’, Legal and Court Correspondent
  • Published: 17:31 January 31, 2013

I have worked in an establishment for more than one year. However, the employer is presently asking me to transfer to another affiliated establishment with a position lower than the one stipulated in the labour contract and if I failed to respond to the employer he might dismiss me from work as stated by my employer. Is the employer entitled to ask the employee to transfer to another establishment with a position lower than the existing one. My current position is an engineer and he wants me to work in the new place as salesman. If I refused the offer and was dismissed by the employer, will it be considered as arbitrary dismissal as per the labour law? Please advise.

I would like to clarify to the questioner that the labour law does not entitle the employer to transfer the employee to another establishment for the new job without his consent otherwise the new job shall be with the same standard of the existing job or superior. Therefore, if such violation has been made by the employer as well as dismissed the employee from work for such reason, he will be against the labour law and such dismissal may be deemed to be an arbitrary dismissal.

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