A Versetzungsvorbehalt (reassignment reservation) reserves the employer’s right to assign the employee different tasks or a different place of work. It may clarify the statutory right to issue instructions (Weisungsrecht, § 106 GewO) but not unreasonably extend it. Every reassignment must also meet reasonable discretion (billiges Ermessen), weighing both sides’ interests. A clause allowing assignment to a lower-value role or unlimited relocation is void.
A Versetzungsvorbehalt (reassignment reservation) records in the employment contract that the employer may assign the employee different tasks or a different place of work. It spells out the statutory right to give instructions but may not unreasonably extend it.
At a glance
- Spells out the right to instruct under § 106 GewO on the place, time, and content of work
- May not unreasonably extend the statutory right (§ 307 BGB); a clause allowing lower-value tasks or unlimited relocation is void
- Every specific reassignment must meet reasonable discretion (billiges Ermessen), weighing both sides' interests
- If the role or place is fixed in the contract, only an agreement or a dismissal to change terms helps
FAQ
May the employer relocate to any place?
Only within the right to instruct and subject to reasonable discretion. An unreasonable relocation, for example a major move without notice and compensation, is not readily permitted even with a reservation.
Must the works council agree to a reassignment?
In businesses with a works council, a reassignment is subject to co-determination: the works council must be involved and may, under certain conditions, refuse consent (§ 99 BetrVG).
What if the role or place is fixed in the contract?
Then they are fixed; a change is possible only by agreement or a dismissal to change terms, not through the right to instruct.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
