Change of workplace Can I refuse a transfer?

You can challenge a relocation if it is considered a substantial change to your working conditions. The impact on your work-life balance, commuting time and available means of transport will be assessed. The Supreme Court has clarified that there are cases in which a change of workplace that does not involve a change of residence may also constitute a substantial change. As specialist labour lawyers, we will examine this scenario so that you have a clear understanding of your rights.

When can I challenge a change of workplace?

To better understand the situation, let us look at what Article 40 of the Workers’ Statute states:

• If the relocation requires a change of residence, there must be economic, technical, organisational or production-related reasons to justify it.
• The decision to relocate must be notified by the employer to the employee, as well as to the employees’ legal representatives, at least 30 days before the relocation takes effect.
• The employee is entitled to choose between accepting the relocation, receiving compensation for the related expenses, or the termination of their employment contract, receiving compensation equivalent to 20 days’ salary per year of service, up to a maximum of 12 months’ pay.
• If the employee does not choose to terminate their employment contract but disagrees with the employer’s decision, they may challenge it before the courts. The judgment will declare the relocation justified or unjustified and, in the latter case, will recognise the employee’s right to be reinstated at their original workplace.

Therefore, if, for example, your workplace is in Madrid and your employer wishes to relocate you to another workplace in Zaragoza, this is considered a change of workplace to a different municipality that requires a change of residence. As a result, there must be a valid justification, and you will be entitled to terminate your employment contract and receive compensation. If you do not wish to terminate your contract and disagree with the relocation, you may challenge it before the courts.

Can my employer change my workplace within the same city?

Yes, although in some cases it may still be considered a substantial change to your working conditions, giving you the right to challenge it. This is the situation examined by the Supreme Court in a judgment dated 12 March 2025. Let us look at the case:

• Two employees worked at a workplace in one town.
• In October 2021, the employer informed them that from 15 November they would be required to work at another workplace located 58.60 kilometres away.
• The journey involved a commuting time of one hour by private vehicle or one and a half hours each way by public transport, plus waiting time.
• The courts that first examined the case found that there was no change of residence but that there had been an unjustified substantial change to the employees’ working conditions.
• The Supreme Court reviewed the case and established the following:
  o Its previous case law held that a change of workplace of around 56 km does not amount to a change of residence and falls within the employer’s management powers.
  o In this case, there were two key factors that meant it was considered a substantial change to the employees’ working conditions:
       The commuting time was wholly disproportionate.
       There was no valid reason to justify the change.

What is the difference between a relocation and a substantial change to working conditions?

We can distinguish between several different situations:

1. Relocation to another workplace involving a change of residence.

In the case of a relocation, the employee is assigned to another workplace and must change their place of residence. For example, they work in Barcelona and are transferred to a workplace in Seville. Clearly, they will need to move to another city.

2. A change of workplace that does not require a change of residence, is justified and does not have a disproportionate impact on the employee.

Another example is an employee who is transferred to a different workplace by order of the employer, but without needing to move home. For example, someone works at a workplace on Fuencarral Street in Madrid and is transferred to another workplace in Plaza de Castilla, also in Madrid. In this case, provided the change is reasonable and not disproportionate, it falls within the employer’s management powers and does not constitute a substantial change to working conditions.

3. A change of workplace that does not require a change of residence but is unjustified and has a significant impact on commuting time and work-life balance.

The final scenario is that of an employee who works at a workplace in Madrid and is transferred to another workplace in Colmenar Viejo. Although the change may not require a change of residence, the additional commuting time and its impact on the employee’s work-life balance may be significant enough for it to be regarded as a substantial change to their working conditions.

Can I refuse a workplace relocation?

Each case must be analysed individually, taking into account several factors:

• The reason given by the employer for the relocation. The Workers’ Statute provides that there must be economic, technical, organisational or production-related reasons to justify the relocation. Such reasons are deemed to exist where they are linked to the company’s competitiveness, productivity, technical organisation or work organisation, as well as recruitment related to the company’s business activity.
• Whether or not the relocation requires a change of residence.
• Whether, even if no change of residence is required, the commuting time is disproportionate and has a negative impact on the employee’s work-life balance.

Once these factors have been assessed, and depending on the circumstances, you may be able to:

• Accept the relocation and claim reimbursement of the expenses arising from the move.
• Challenge the relocation before the courts, which will assess the factors discussed above.
• Request the termination of your employment contract and receive the compensation of 20 days’ salary per year of service, up to a maximum of 12 months’ pay.

Ultimately, the answer to the question Can my employer change my workplace without my consent? is that, in some cases, yes, although it will depend on the specific circumstances of the change.

Workplace relocations can be legally complex, and it is advisable to seek advice from specialist labour lawyers. Contact our team so that we can assess your case.